Penticton woman hit by car in crosswalk awarded $600,000 in damages
A Penticton woman was awarded $600,000 four years after she was hit by a car while crossing a street on a crosswalk.
Billie-Jo Oliver was 46 years old on May 4, 2019 when she was trying to deliver a loaf of home-baked bread to a friend. She was crossing at the intersection of Wade Avenue and Ellis Street when she was hit, according to a recently released decision.
Justice Carla Forth said she ended up on the hood of the car driven by Edith Joan Loewen.
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“While on the hood, her knees and shins were being hit by the bumper. She managed to hold onto the hood so that she would not fall under the vehicle while it was moving. She was on the hood for about 35 feet. When the car braked she was thrown to the ground landing on her right hip,” is how Forth described the accident.
Oliver had no previous injuries and was described as very outgoing and active with a great memory, but much of that changed after the accident. She has numerous long-lasting injuries to her hips and other parts, has given up much of her physical activities, lost energy and memory. She was still able to work in the insurance industry but only with great effort and not without impact, Forth said.
She would likely have been made a manager earning $140,000 to $150,000 per year, if not for the accident.
She was awarded $602,685, the bulk of which for loss of future earnings.
Had she been injured after May 1, 2021, she would not have been able to sue. That’s when the NDP government changed ICBC to a no fault insurance model. In its place, vehicle insurance covers damage to vehicles only to $200,000, caps income replacement at $113,000 per year, but purports to cover enhanced medical benefits such as massage or therapy.
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