Kelowna nursing student awarded $1.8M after being T-boned in accident
A Kelowna nursing student has been awarded $1.8 million in compensation after she was T-boned while driving to school.
According to an April 11 B.C. Supreme Court decision, Sara Pidwerbesky now suffers daily pain and can no longer fulfil her dream of becoming a registered nurse following the crash.
The decision says the crash took place at the intersection of Lawrence Avenue and Richter Street in Kelowna in December 2018 when Tara Brunetti ran a red light and hit Pidwerbesky at "significant speed."
The force of the crash pushed Pidwerbesky's vehicle on its side, but she managed to climb out.
While panicky and in shock, Pidwerbesky made it to school that day.
The decision says over the following few hours she began to feel pain in her knees, low back, ribs, and shoulders. She left school and went to a walk-in clinic.
Five years later, Pidwerbesky is still in pain and takes daily medication.
The case highlights the steep payouts that were sometimes awarded before the government changed the system in 2021 and ICBC became a no fault insurer.
Brunetti, who appears to own or have owned Grizzly Sports Pub & Grill admitted fault for the crash, but an eight-day trial took place as lawyers argued over how much compensation Pidwerbesky should receive.
The decision says Pidwerbesky herniated a disc and has since had two unsuccessful surgeries.
"She says the back injury has left her with constant severe pain and neurological symptoms and has completely and permanently disabled her from working in any capacity," the decision reads.
Pidwerbesky argued for $2.8 million in damages, the majority of which, $2.4 million, was for the loss of future earning capacity.
The defence argued for a maximum of $660,000.
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The decision says at the time of the crash Pidwerbesky was at school training to become a licenced practical nurse. Following the incident, she returned to school and became a licenced practical nurse before having to quit work due to pain.
Pidwerbesky said she'd always planned to return to school again and become a registered nurse.
Much of the discussion in the lengthy decision is given over to the central question of whether the herniated disc was caused by the car crash.
While two doctors agreed it was, another doctor disputed this.
Ultimately, B.C. Supreme Court Justice Lisa Warren ruled that on a balance of probabilities the herniated disc was caused by the crash.
"Before the Accident, Ms. Pidwerbesky’s life was on the upswing," the Justice said. "She had advanced in her career through a combination of post-secondary education and work experience. She was a highly regarded employee at Kelowna General Hospital... (and) an active and involved mother. She was a bubbly, positive, organized person, who filled a leadership role in her family."
However, since the crash, Pidwerbesky endured years of constant intense pain which affected her ability to be a parent, impacted her relationship with her spouse and diminished her social life.
"Put simply, her career aspirations have been ruined by the accident and this has caused her immense grief," the Justice said.
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Ultimately, after a lengthy assessment, the Justice awarded $1,793,168 in damages, of which $1.45 million was for future loss of income.
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