A B.C. man who suffered “severe, persistent, permanent and disabling psychological injuries” in a 2018 Abbotsford car accident has been awarded $896,532 in damages.
Harish Verma, 57, was injured in a June 20, 2018 incident, according to a from B.C. Supreme Court Justice Sheri Ann Donegan.
Verma was driving his vehicle northbound on Sumas Way, near the intersection with Highway 1, when his vehicle was struck by a vehicle owned and operated by Peter James Friesen.
Wife Bharat Verma was sitting in the front passenger seat and his daughter’s future mother-in-law and father-in-law were seated in the back.
“The defendant turned left in front of Mr. Verma’s vehicle, striking its left side and causing damage to the extent that Mr. Verma’s vehicle was no longer drievable. Firefighters attended the scene,” Donegan said.
The judge said Friesen admitted liability for the accident.
Verma sought $940,000 in damages while Friesen urged an award in the range of $80,000 to $150,000.
Verma claimed various losses, including past and future loss of earning capacity, costs of future care and special damages.
Key to deciding damages, the judge said, was the credibility of the Vermas, both of whom she found to be reliable witnesses. The judge said the dispute was about Mr. Verma’s psychological injuries.
The Vermas’ businesses
The couple decided in 2000 they wanted to move their family to Canada from their native Punjab in India. They moved to Canada as permanent residents in the summer of 2005.
Their goal was to own their own business. After both worked various jobs, they were eventually offered a Mac’s convenience store Calgary franchise.
“The couple dedicated themselves to working hard, seven days a week, to provide a good future for their children,” the judge said.
However, the store was robbed twice, once at gunpoint. The second time, Verma defended himself with a baseball bat.
“Mr. Verma thought he heard one of the men say, ‘We should kill him.’ This frightened him, so Mr. Verma defended himself by beating the men with a nearby baseball bat.”
In 2010, the company cancelled the franchise agreement.
As Verma understood it, the company determined his use of the baseball bat was a failure to follow policy, and grounds for termination, the ruling stated.
“This loss was difficult for the couple, as they had done very well with the franchise by that point,” said Donegan.
They ran several other business, including owning a gas station in Duncan. After selling it, they moved to Abbotsford, operating the Winks convenience store in 2016.
“Mr. Verma felt he had finally found his dream business,” Donegan said.
Two accidents
However, that December, Verma was involved in a snowy day vehicle accident where his car hit a pole and was written off.
Then came the 2018 accident. After that, he lost his zest for his work and became scared of going out, the court heard.
“He felt afraid going grocery shopping and driving,” Donegan said.
He began taking anxiety medication and became angry with customers he had once enjoyed serving. He worked less and his business began to suffer.
Six months after the accident, the Vermas sold the store.
“Why they sold the store is a matter of contention,” Donegan said. “The plaintiff submits they did so as a result of Mr. Verma’s health. The defendant suggests that their primary purpose in selling the store was to go to India to plan and attend their daughter’s wedding.”
The Vermas said the reason was his health.
“There can simply be no reasonable suggestion in all of the circumstances that the Vermas would have sold their store to plan and attend their daughter’s wedding,” the judge said.
As a result of the accident, one psychiatrist diagnosed Verma with major depressive disorder, generalized anxiety disorder and post-traumatic stress disorder. Another psychiatrist said Verma had a pre-existing likelihood of anxiety and depressive symptoms, and said they had worsened since the accident.
“The symptoms Mr. Verma experiences associated with these conditions are severe, persistent, disabling and likely permanent,” Donegan ruled.
She said his pre-accident symptoms had not affected his daily functioning, noting his prognosis for improvement “is guarded or poor.”
“To put it bluntly, this is a man who struggles to get out of bed each day as a result of his psychological health conditions,” she said.
Donegan awarded Verma:
• $210,000 in non-pecuniary damages;
• $135,000 for past loss of earning capacity;
• $300,000 for loss of future earning capacity; and,
• $250,000 in an in-trust claim.
