Summerland man awarded $237K following crash

Pedestrian struck by car in 2014 received nearly $238,000

A Summerland has been awarded nearly $238,000 for damages after he was struck by a car more than four years ago.

The Supreme Court of British Columbia ruling was made on Feb. 22.

The collision occurred in the early evening of Dec. 23, 2014 on Milne Road in Summerland, near the foot of Giant’s Head Mountain.

Paul Henbury, who lived on the road, was walking on the gravel shoulder towards the hiking path.

He was struck when a car speeding downhill towards him lost control.

While Henbury attempted to jump out of the way, he was not able to dodge the car and was struck in the knee.

The car, driven by Ashaya Egilson, then rolled onto its roof.

Henbury thinks he had lost consciousness briefly during the accident.

He was taken to hospital for assessment and treatment. X-rays taken at the time showed nothing was broken. His wife was instructed to stay with him overnight as part of the protocol following a concussion.

In addition to cuts, scrapes and bruises from the accident, Henbury suffered more significant injury to his left knee. He also said he is suffering from chronic headaches behind his left eye, as well as intermittent neck and back pain. He says he suffered a mild traumatic brain injury that resulted in ongoing cognitive issues affecting his employment.

In a court statement, Dr. Raphael Chow said the knee injury will affect Henbury.

“He will not be able to do high impact tasks such as jogging, running, skipping, or jumping,” Chow said in a statement. “From a physical perspective, in my opinion, he will be disabled in performing tasks or jobs that require activities at and beyond the occasional-frequent rate in weight bearing and knee bending and physical demand tasks at and beyond the light-medium physical demand level.”

RELATED: Summerland found liable for sidewalk accident

Prior to the accident, Henbury had been active and enjoyed activities including cycling, hiking, skiing, golf, soccer and riding motorcycles.

Henbury also said he has had cognitive issues following the accident, but Justice G.P. Weatherill, in his judgement, said Henbury had not proved he had sustained a brain injury.

“Even if the plaintiff did suffer a mild concussion, I conclude that any cognitive issues he may have had resulting from it resolved very quickly,” Weatherill said in his ruling.

The court ruling was less than the $257,680 Weatherill had requested.

The damages awarded include general damages of $100,000, special damages of $8,000, past wage loss of $20,000, future loss of earning capacity of $80,000 and future care costs of $29,930 for a total of $237,930.

To report a typo, email:
news@summerlandreview.com
.



news@summerlandreview.com

Like us on Facebook and follow us on Twitter.

Just Posted

Mikkal returns to roots for Vernon show

Lavington artist plays Record City alongside VonReason and Grandpa Gruv

Pet Planet picks up Lumby’s cannabis for pets

True Leaf Medicine International expands retail distribution to 3,500 stores worldwide

Record rotary auction makes Okanagan dreams come true

Kalamalka Rotary Club donates more than $194,000

Vernon RCMP seek people on outstanding warrants

Trio sought by Vernon-North Okanagan RCMP for various infractions

VJH Foundation announces 2019 Hospital Gala

The event is set to take place Vernon Lodge and Conference Centre on May 11.

VIDEO: Restaurant robots are already in Canada

Robo Sushi in Toronto has waist-high robots that guide patrons to empty seats

Permit rejected to bring two cheetahs to B.C.

Earl Pfeifer owns two cheetahs, one of which escaped in December 2015

Real-life tsunami threat in Port Alberni prompts evacuation updates

UBC study says some people didn’t recognize the emergency signal

Care providers call for B.C. seniors’ watchdog to step down

The association also asks the province to conduct an audit and review of the mandate of her office

Update: Highway 3 near Keremeos open to alternating traffic

Details scarce about collision that has closed Highway 3 west of Keremeos

Okanagan librarian delves into trio of titles

Book Talk: Dark Matter, Lincoln’s Dreams and The Jealous Kind

Nitro Cold Brew Coffee from B.C. roaster recalled due to botulism scare

“If you purchased N7 Nitro Cold Brew Coffee from Cherry Hill … do not drink it.”

B.C. man gets award for thwarting theft, sexual assault – all in 10 minutes

Karl Dey helped the VPD take down a violent sex offender

Indigenous students recognized at ceremony at Okanagan College

The ceremony recognizes that students are getting an education while holding onto Indigenous background and teachings

Most Read