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

Comments are closed

Just Posted

Princeton high school drops ‘Rebels’ sports team name, citing links with U.S. Civil War

Name and formerly-used images “fly in the face” of the district’s human rights policy, says board chair

Bench plaque recognizes former Summerland firefighter

Volunteers with fire department set up plaque in honour of Richard Estabrooks

Public shows support for alcohol in outdoor spaces: City of Penticton

City council will vote on whether to continue allowing public consumption, on Tuesday, July 7

Princeton RCMP arrest suspects in violent Salmon Arm home invasion

Two men who allegedly staged a violent home invasion in Salmon Arm… Continue reading

Interior Health will not expand Police and Crisis Team

Southeast Division Chief Superintendent Brad Haugli asked IH to expand the program

VIDEO: Musqueam Chief captures captivating footage of bald eagle catching meal

‘This is why we have chosen to live here since time immemorial,’ Chief Wayne Sparrow’s nephew says

Police ramp up efforts to get impaired drivers off B.C. roads this summer

July is dedicated to the Summer CounterAttack Impaired Driving Campaign

Migrant workers stage multi-city action for full status amid COVID-19 risks

‘COVID-19 has exacerbated an existing crisis’

Shuswap resident spots waterspout near Salmon Arm

The rare weather event was spotted early in the morning on July 4.

Police searching for missing Lake Country man

David Anthony Jenken, 65, was reported missing Friday and was last seen on June 28

PHOTOS: B.C.’s top doc picks up personalized Fluevog shoes, tours mural exhibition

Murals of Gratitude exhibit includes at least one portrait of Henry alongside paintings of health-care workers

Seymour Arm landslide interrupts drinking water to 500 people

The July 3 slide damaged a water system and a logging road.

In troubled times: Independence Day in a land of confusion

Buffeted by invisible forces and just plain worn out, the United States of America celebrates its 244th birthday

Stop enforcing sex work laws during COVID-19, advocates say

There are provisions in Canada’s prostitution laws that make workers immune from prosecution, but not from arrest

Most Read