Statue of Lady Justice at B.C. Supreme Court in New Westminster. (Photo: Tom Zytaruk)

Shopping cart collector at B.C. Costco awarded $583,000 after getting pinned by car

Kurtis Ryan Burdeniuk, 22, was retrieving carts when a driver backed into him in the parking lot

A Surrey Costco worker who was hit by a car while collecting shopping carts in the parking lot has been awarded $583,345 by a B.C. Supreme Court judge for physical and psychological injuries he suffered as a result of the accident.

Kurtis Ryan Burdeniuk was 22 at the time it happened, on Feb. 29, 2016. The court heard that after he had graduated from high school, and attempted to get credits at Kwantlen Polytechnic University, he began working part-time at Costco. This became a full-time job, in which his primary duty was to retrieve and organize shopping carts in the Surrey Costco parking lot.

Sydney Christie, the defendant in this case, admitted liability for the crash. Justice John Harvey presided over the case, in New Westminster.

The court heard this wasn’t the first time Burdeniuk was hit by a car in the Costco parking lot. In 2015, he was standing near a machine that pushes carts when a driver hit him while backing out. “He tried to engage the driver in conversation without success,” Harvey noted in his Feb. 19 reasons for judgment. “The driver drove off. The plaintiff attended first aid and eventually began to experience pain in his low back. He took approximately a week off work, then returned to full-time duties without experiencing ongoing symptoms.”

READ ALSO: Surrey dog-bite victim loses lawsuit

READ ALSO: ICBC not liable for intoxicated Surrey driver, judge rules

READ ALSO: Surrey restaurant owner who pointed handgun at staff loses appeal

Prior to this latest crash, the court heard, Burdeniuk enjoyed snowboarding, hiking, and camping among other outdoor activities, and was “keen on keeping physically fit,” but all that changed.

In the 2016 accident, which happened in the early evening, Burdeniuk had been using a buggy machine to move carts that were “spilling into the lot” back into storage when he was hit from behind by Christie’s car. He was pinned against some carts, or the cart machine, and her trunk.

“He hit the vehicle’s trunk once, or more, and the driver then moved forward,” the judge noted in his reasons. “He stated he was able to exchange information with her and then went to the store to make a report to first aid.”

Christie testified her car had been parked in a stall with cars on either side. She said she did a shoulder check, saw nothing and began to reverse while looking forward to make sure she didn’t hit the cars on either side. She said she felt a “thump,” and said it felt like somebody was hitting the trunk of her car. Christie told the court she immediately braked then moved forward.

She asked Burdeniuk if he was okay, to which he replied “No, not really,” or something like that.

Burdeniuk told the court he felt squashed and trapped, with the trunk against his lower rib cage and a buggy handle pressing into his rib cage on the other side. He experienced a “burning sensation” in his lower back and hip, went to hospital, and the next day a doctor at the Cedar Hills Clinic prescribed anti-inflammatory medicine, told him to take two weeks off work and recommended physio and massage therapy.

The court heard he ended up seeing a psychiatrist and Harvey found that his “physical injury, while not severe, has resulted in a constellation of psychological symptoms which have caused him a significant degree of social isolation.”

Harvey awarded Burdeniuk $140,000 in non-pecuniary damages, $46,500 in past wage loss, $26,413 in special damages, $300,000 in future loss of earning capacity, $10,000 in loss of housekeeping capacity and $60,432 in cost of future care, making for a total of $583,345 in compensation.



tom.zytaruk@surreynowleader.com

Like us on Facebook Follow us on Instagram and follow Tom on Twitter

BC Supreme Court

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Vernon product Quinn Jones, better known as Jaq Havoq, released his sophomore album Mood Swings ahead of fall 2020. (Contributed)
Vernon product drops sophomore album

Jaq Havoq examines love, heartache and depression in Mood Swings

Vernon once again boasts the lowest gas prices in B.C. Oct. 20, 2020. (Jennifer Smith - Morning Star)
Vernon boasts lowest gas prices in B.C.

Gas going up, and down, throughout the North Okanagan

The body of Natsumi Kogawa, 30, was found in the Gabriola Mansion on Davie Street, Vancouver, in September 2016. Vernon man William Schneider, who was found guilty of second-degree murder, now awaits the decision of his appeal hearing Monday, Oct. 19, 2020. (Vancouver Police Department photo)
No decision yet for Vernon man appealing murder sentence

William Victor Schneider was convicted in relation to Natsumi Kogawa’s death in 2016

An early morning fire destroyed the Willems Fire Products mill Friday, Oct. 16. (Contributed)
Fire claims longtime Lumby mill

Go Fund Me established to help family-owned business rebuild

Vernon North Okanagan RCMP received footage of a suspect vehicle littering hate flyers around 21st Avenue in Vernon Oct. 17, 2020. (RCMP)
WATCH: Footage offers lead in hate-fuelled flyer probe: Vernon Mounties

Vernon police received footage of an older model green truck distributing flyers in the early morning hours Saturday

FILE – People wait in line at a COVID-19 testing facility in Burnaby, B.C., on Thursday, August 13, 2020. THE CANADIAN PRESS/Darryl Dyck
167 new COVID-19 cases, 1 death recorded as B.C. enters 2nd wave

Three new healthcare outbreaks also announced

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

A 20-year-old man was pronounced dead following a three vehicle collision on Highway 1 west of Revelstoke Tuesday, Oct. 20, 2020. (File photo)
One dead after Highway 1 crash near Revelstoke

20-year-old man pronounced dead at the scene of a three vehicle collision west of Revelstoke

Steven Stuart Gardner has been charged with possession of a firearm contrary to an order and possession of a firearm without a licence. He has also been charged, under the Motor Vehicle Act, with driving while prohibited. (Crime Stoppers photo)
Car connected to shooting, dumped in Chase leads to unrelated arrest

Investigation of Kamloops shooting leads police to a rural Chase property

Volunteer registered nurse Stephanie Hamilton recieves a swab from a driver as she works at a Covid-19 testing site in the parking lot at Everett Memorial Stadium on Tuesday, Oct. 20, 2020 in Everett, Washington. (Andy Bronson / The Herald)
13 more COVID-19 cases in Interior Health region

There are 624 cases in the region since the start of the pandemic

This 2020 electron microscope image made available by the National Institute of Allergy and Infectious Diseases shows a Novel Coronavirus SARS-CoV-2 particle isolated from a patient, in a laboratory in Fort Detrick, Md. THE CANADIAN PRESS/AP-NIAID/NIH via AP
At least 49 cases of COVID-19 linked to wedding in Calgary: Alberta Health

McMillan says the city of Calgary has recently seen several outbreaks linked to social gatherings

École de L’Anse-au-sable. (Google Maps)
COVID-19 confirmed at Kelowna Francophone school

École de L’Anse-au-sable is not affiliated with local SD23

UBC geoscientists discovered the wreckage of a decades-old crash during an expedition on a mountain near Harrison Lake. (Submitted photo)
Wreckage of decades-old plane crash discovered on mountain near Harrison Lake

A team of Sts’ailes Community School students helped discover the twisted metal embedded in a glacier

To guarantee water supply in 1933, Summerland’s Dominion Research Station (now Summerland Research and Development Centre) installed its own Okanagan Lake pumping station. Today, all communities on Okanagan Lake use lake water to supplement their water systems, except the District of Summerland. (Photo courtesy Summerland Museum)
Dominion Research Station once drew water from Okanagan Lake

In 1930s, facility in Summerland used lake water to have a guaranteed supply

Most Read