Crash Victim Gets $1.4 Million
By: Victoria Times-Colonist (Victoria Times-Colonist)
It's been hell," said P.T. of the nearly nine years since she was hit by a car while walking along Sooke Road.
This week, the 28-year-old P.T. was awarded nearly $1.5 million in damages by the same B.C. Supreme Court justice who originally ruled in July 1995 that P.T. was solely to blame for the accident.
"The whole legal thing, from Day 1, was trying," P.T. said Friday.
And it may not be over yet, said her lawyer, Aaron Gordon.
Lawyers for the driver who hit P.T. and the registered owner of the vehicle, have filed notice to seek leave to appeal the B.C. Court of Appeal Decision to the Supreme Court of Canada. [Note: The defendants' application for leave to appeal the decision of the British Columbia Court of Appeal to the Supreme Court of Canada was dismissed.]
Justice John Cowan of the B.C. Supreme Court, who was directed by the province's highest court to assess damages awarded P.T. a total of $1,445,000, made up of $600,000 for cost of future care, $400,000 for loss of future income, $230,000 in non-pecuniary damages, $135,000 for past wage loss, $40,000 for loss of housekeeping capacity, $25,000 in trust for her husband, and $15,000 in trust for her parents.
The appeal court apportioned liability at 55 per cent to P.T. and 45 per cent to [the driver and registered owner of the vehicle].
The accident occurred early Dec. 8, 1990, while P.T. was walking along Sooke Road in Colwood. P.T., described by one witness as "stumbling" around in a highly intoxicated state, was wearing dark clothing.
[The driver] had taken his eyes off the road to look at an illuminated church sign and saw P.T., then 20, too late to avoid hitting her.
P.T. suffered serious head and leg injuries and was in a coma for 45 days in Victoria General Hospital. She has subsequently undergone two brain surgeries.
She not only suffered brain damage, but also has lost most of the vision in her left eye.
"I wouldn't wish this on my worst enemy," said P.T., who would only be interviewed in the presence of her lawyer,
She credits her husband - whom she met in February 1991 while they were both recuperating from head injuries at the Gorge Road Hospital and married 18 months later - her parents, Gordon and legal assistant Leslie Murphy with helping her through the most difficult period of her life.
"It was just the uncertainty," said P.T., "Everybody else except me had control of my life."
Her orthopedic surgeon praised P.T. for her perseverance and attitude, stating in his report during the May, 1995, trial that she had "shown remarkable perseverance, courage and humour throughout this trying period in her life and has always done her best to maximize her potential and minimize her complaints and disabilities."
Cowan agreed with the assessment: "she clearly is determined to get on with her life as best she can, given her residual disabilities."
"Everything I do is difficult (now)," P.T. admitted.
She can no longer read, drive or play the piano like she used to. P.T. said she was athletic and participated in competitive swimming.
She has not been able to work since May 15, 1995. Her husband is also unemployed because of his brain injury.
But the most frustrating thing for P.T. is the treatment from friends who assume she is the person she was before the accident.
"People look at me and think I'm the way I used to be," P.T. said. "I'll have to learn to deal with people appropriately."
