FILE PHOTO.
Image Credit: pexels.com
March 10, 2023 - 7:00 AM
A B.C. woman who was involved in four minor car crashes over an eight-year period has been awarded $737,000.
According to a March 7 B.C. Supreme Court decision, Alka Suri had her first fender bender in 2010 when she was a passenger and her husband was driving.
Just weeks later, she was rear-ended again when her daughter was behind the wheel.
Five years later, Suri got sideswiped by another vehicle, which was presumably going slowly as it was turning right and only left a scratch on the offending vehicle.
Three years later, Suri got hit yet again, by a car reserving in a parking lot. Again, the collision caused no damage to the offending vehicle.
Repair bills to fix Suri's vehicle after the collisions cost between $800 and $1,400.
However, after the first accident, she suffered stiffness and soreness in her neck, upper shoulders and lower back, and with each accident, her condition worsened and she complained of increasing headaches.
"Ms. Suri’s immediate symptoms after the third accident included panic, shock, and pain in her right shoulder and knees. She described the next morning after the third accident as being 'back to square one,' at which time, 'everything,' including her lower back, arm, right shoulder, and neck, was hurting," the decision reads. "Emotionally, she described being 'very scared' and 'praying constantly.'"
The decision says Suri is a mother of three and had run a busy restaurant with her husband in Vancouver.
Her ability to work was affected by the crashes and she began suffering from anxiety and a depressed mood.
"The fourth accident exacerbated the same physical injuries that continued to plague Ms. Suri. Her non-physical issues continued," the decision reads.
Multiple doctors testified during the trial and confirmed that she had no relevant physical or psychological injuries prior to the first accident.
One doctor testified that her spinal injuries, headaches, and tinnitus were chronic and will continue for the "foreseeable future."
Other injuries to her wrist, hand, and shoulder would fluctuate in their pain severity over time.
READ MORE: Wrongful dismissal suit launched against Penticton's Ooknakane Friendship Centre
The defence argued that her continued physical injuries were due in part to her failure to mitigate them. It said she had failed to "diligently follow" exercise routines or to engage in passive and active therapies that were recommended by her physician.
In the lengthy 55-page B.C. Supreme Court Justice Jasmin Ahmad dissected the impact the accidents have had on Suri.
"I accept that Ms. Suri has been deprived of her enjoyment of life, including her ability to enjoy more active time with her grandson. Her overall level of functioning is diminished to the point where she no longer attends temple and is reluctant to see her friends," the Justice said. "She is tired, lacks motivation, is depressed and anxious, and experiences chronic pain."
The Justice said this is all in stark contrast to her life before the first accident.
"I have found that Ms. Suri has suffered from the psychological and physical injuries described above, including PTSD, anxiety, and depression, as well as the physical injuries of neck pain, lower back pain, right wrist, hand, and shoulder pain, headaches, issues with sleep, and tinnitus. All of the injuries have continued since the first accident and are unlikely to be resolved in the future,"
READ MORE: Ongoing harassment at Kelowna school board triggers cutback in public comments
Ultimately, the Justice awards $737,202.
To contact a reporter for this story, email Ben Bulmer or call (250) 309-5230 or email the editor. You can also submit photos, videos or news tips to the newsroom and be entered to win a monthly prize draw.
We welcome your comments and opinions on our stories but play nice. We won't censor or delete comments unless they contain off-topic statements or links, unnecessary vulgarity, false facts, spam or obviously fake profiles. If you have any concerns about what you see in comments, email the editor in the link above.
News from © iNFOnews, 2023