A Vancouver man has been awarded $1.2 million by a Supreme Court of B.C. judge for injuries suffered in two accidents.
On Sept. 25, 2014, at approximately 6:00 p.m., Courtney David Baskerville, now 46, was riding his bicycle on Vancouver’s Denman Street when he was struck by a vehicle driven by one of the defendants, causing him to fall and hit his head on the pavement.
Then, on Dec. 22, 2018, Baskerville was travelling as a rear-seat passenger in a taxicab when the vehicle was struck by another vehicle, driven by another of the defendants, that was changing lanes.
The defendants in the first case are Ping Liu, Guy Francois Duport and Mercedes-Benz Financial Services Canada Corporation.
The defendants in the second case are Madara Sturmane, Parviz Kazemi and Maclure’s Cabs.
Liability for both accidents has been admitted, Justice Sheri Ann Donegan said in her ruling released on Dec. 12.
Baskerville claimed damages for the injuries he sustained in both accidents, saying he suffered multiple chronic physical, psychological and cognitive injuries in the first accident that were aggravated by the second accident.
The defendants acknowledged that Baskerville was injured in the accidents, but they took issue with the extent of his alleged injuries, their impact on his life, and the amount of damages claimed.
In the first accident, Baskerville was cycling to Stanley Park to do some laps with his new custom road bike. He was wearing his helmet.
As he was cycling northbound on Denman Street, just past its intersection with West Georgia Street, a motor vehicle driven negligently by one of the defendants, Ping Liu, exited a parking garage and struck him, Donegan said.
The front bumper of the vehicle struck the right side of Baskerville’s bicycle, causing him to twist and fall. His head struck the pavement.
In the period following, he had persistent headaches. He took no time off from his construction work as he did not want to jeopardize his income. However, Donegan said, his mood and mental health began to decline; he experienced panic attacks and began to show post-traumatic stress disorder symptoms.
During the ensuing years, doctors prescribed medications, and he took pain medication to work.
The second accident
In the Dec. 22, 2018 accident, Baskerville was riding as a rear-seat passenger in a taxicab on the way to a Gastown pub. Baskerville was trying to ease his way back into attending concerts again, and he felt that this small venue would be suitable.
As the taxi travelled West Georgia Street in Vancouver, Baskerville saw another motor vehicle driving erratically, weaving in traffic. The vehicle, driven and owned by Sturmane, changed lines directly into the cab.
Donegan said the taxi driver had no time to avoid being hit. She said Baskerville felt his body jerk forward and back.
“Instantly, he felt a severe, heavy and pounding headache, along with pain in his neck and lower back,” Donegan said.
He began to experience much of what he had been through before and continued medical treatments. “His anxiety had gone “through the roof again,” and he continued to have panic attacks,” Donegan said.
After hearing from multiple doctors who examined Baskerville, Donegan said he had suffered a concussion or mild traumatic brain injury, whiplash, persistent or chronic headache, back sprain, major depressive disorder, sleep problems and anxiety and other PTSD symptoms, cognitive issues and sexual health dysfunction.
“The prognosis for all of Mr. Baskerville’s injuries is guarded,” Donegan said. “His conditions are difficult to treat and are not expected to improve with time and additional therapy. As his ability to cope and manage declines as he ages, it is likely his pain and suffering will worsen.”
In total, Donegan awarded Baskerville $877,830 in loss of future earnings, $180,000
In non-pecuniary damages, $142,373 in future care costs, in loss of earnings and $5,618 in special damages.
