B.C. woman brain injured in crash as a baby gets $1.1 million in damages

Trial heard the woman was 16 months old, being carried by her mother when they were both hit

A woman has been awarded almost $1.2 million by the B.C. Supreme Court after her skull was fractured 17 years ago in a pedestrian crash when she was a baby.

A trial heard the unnamed woman was 16 months old and being carried by her mother across a street when they were both hit.

The plaintiff, who court heard is in the process of gender reassignment to live as a female, says she suffered a complicated mild traumatic brain injury that has had a lasting and disabling impact on her life.

Experts told the trial the accident caused a traumatic brain injury, reducing brain development, which set off cognitive and psychological difficulties.

Justice Barbara Young said the woman’s brain injury has worsened those conditions.

She awarded $770,000 for loss of earning capacity, over $200,000 for future care costs, plus damages for a total of $1,159,500.

“Had the accident not occurred, the plaintiff would still have developed celiac disease and would have still been transgender,” Young wrote.

“The plaintiff also would have had arachnophobia. There is no indication that the plaintiff would have had ADHD or suffered from anxiety and depression or a sleep disorder as a young child but for the accident. I find, however, that the anxiety and depression the plaintiff suffers as a result of her gender dysphoria are worsened by the underlying complicated [mild traumatic brain injury.]”

The Canadian Press

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Police ID man found dead in Vallican after probe leads to no arrests

Forty-seven-year-old Aaron Graham, of Vallican, has been identified as the man killed

Hidden message connects Castlegar homeowners decades apart

The Rodgers family was surprised when a message fell out of the walls as they were renovating

52,000 reasons to walk in the cold

Nelson CARES raises over $52,000 at Coldest Night fundraiser

Supreme Court of Canada will hear Sinixt appeal May 12

B.C. has appealed Indigenous hunting case through several levels of court starting in Nelson in 2016

Nelson to hold open house on bike routes

City wants to discuss its plans with the public and get input

Protecting privacy key to stopping spread of COVID-19, B.C. health officials say

The number of coronavirus cases in B.C. remains at seven

Toffoli scores OT winner as Canucks beat Habs 4-3

Demko makes 37 saves for Vancouver

Private clinics would harm ‘ordinary’ people using public system in B.C.: lawyer

Health Minister Adrian Dix announced in 2018 that the government would begin to fine doctors $10,000

B.C. terminates contract with hospice society refusing assisted death

Delta Hospice Society loses hospital service fund of $1.5 million

Child in hospital following fatal crash that killed father, sibling on B.C. highway

The single vehicle crash occured near Kamloops on Highway 5A

‘Die!’: Vernon councillor mailed death threat

This story contains information that might be sensitive to some readers

Two B.C. men plead guilty to bus-terminal assault of man with autism in Ontario

Parmvir Chahil and Jaspaul Uppal due to be sentenced in June for aggravated assault

B.C. Liberals call for assistance on soaring strata insurance rates

NDP’s Carole James says problem is across the country

Most Read