FILE PHOTO
Image Credit: ADOBE STOCK
November 20, 2021 - 6:00 AM
A Kamloops man involved in what appears to be a minor fender bender has been awarded almost $550,000 in damages.
In a B.C. Supreme Court decision Nov. 18, Justice George Macintosh, accepting that even though the airbag didn't go off and no one lost consciousness in the accident, Matthew Cameron Richmond had suffered a cognitive decline due to the accident which had diminished his performance at work, affecting his income.
Because the other driver had admitted liability, the case focused on Richmond's loss of earnings and highlights that higher earners will receive higher payouts if they win in many ICBC claims based largely on loss of past and future income.
The court documents show Richmond made around $220,000 in 2020.
According to the decision, Richmond was stuck at a traffic light in Kelowna in 2015 when his vehicle was rear-ended by an old vintage car.
The force of the impact was minor and didn't push Richmond's vehicle into the vehicle in front of him. He then rented a car and drove his wife and 18-month son home to Kamloops that day.
However, Richmond suffered both neck and shoulder pain, and pain in the region of his jaw. A doctor testified that the injuries were chronic.
The decision says the pain had changed him from "an outstanding young businessman... with exceptional potential, to a comparatively ordinary one."
The court documents say that after the accident Richmond began missing deadlines and was less efficient and effective overall at work.
These issues meant he was overlooked on a promotion that would have seen him as head the company he worked for. He also stepped back from work at a separate company he owned.
The defendant's lawyer argued the judge couldn't draw causation between Richmond's declining performance at work and the accident.
Several witnesses testified at the 10-day long trial and ultimately the judge ruled that the accident "was likely the primary cause of (Richmond's) diminished performance at work."
But calculating how much money Richmond had missed out on because of his performance was no easy feat.
Two expert witness accountants called by both parties were not able to work out how much less Richmond would earn because of his cognitive issues.
The pandemic also made the math a little more complicated.
"The Court has to be careful to not debit a defendant for any reduced earnings caused not by an accident, but instead by the direct and indirect impacts of COVID," Justice Macintosh said.
Ultimately, the Justice settled on $100,000 for loss of past earnings and $330,000 for future lost earning capacity.
With Non-pecuniary damages at $88,000 and the cost of future care set at $25,000, plus some extra expenses, the total awarded was $547,381.
Richmond's wife, who is a teacher, also took court action after the accident left her with chronic pain. She was awarded $175,000 in a separate ruling in 2019.
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