A B.C. Supreme Court judge has awarded a Vancouver Island man $1.36 million in damages for injuries suffered in a 2018 car accident.
In a March 6 corrected decision, Justice Sharon Matthews said Kent Cross was driving home from work as an industrial painter for Seaspan at the Victoria Shipyards when he was struck from behind by a vehicle driven by Steven Matthew Peaker.
Cross asserted he had injuries to his neck, left shoulder, upper back, lower back, hips, and he has chronic headaches and migraines caused by the accident.
“He testified that he has had pain at some level and in some parts of his body most days since the accident,” Matthews said. “He testified that his mood has deteriorated, he is irritable, finds it difficult to sleep, and is not the worker, husband or father he planned to be.”
The judge said partway through trial, Peaker admitted liability for the accident.
The judge disputed that Cross suffered whiplash associated disorder and muscular strain to his neck, upper back, left shoulder and lower back in the accident. However, he submitted Cross has had a near complete recovery and likely will have a complete recovery.
The judge said the most contentious issues were the nature and extent of Cross’ ongoing injuries, whether his headaches and migraines are accident injuries, and whether his accident injuries are limiting him at work and in other aspects of his life.
“Despite the concerns raised by the defence about Mr. Cross’ evidence, the evidence readily demonstrates that, six years after the accident, Mr. Cross remains compromised in his work and non-work activities due to accident injuries,” Matthews said.
The largest part of the award was $935,000 for future loss of earning capacity.
