A B.C. Supreme Court Justice has awarded a Prince George woman nearly $352,000 for the pain and suffering inflicted on her in a Boxing Day motor vehicle incident six years ago between the van she was in and a semi-trailer.
Of that total, $200,000 is for lost future earnings after the lawyer for Julie Dhaliwal argued her injuries prevent her from pursuing a higher-paying job.
Dhaliwal was in the front passenger seat of her family's van when, on Dec. 26, 2008, they were driving back from 100 Mile House to their home in Prince George. After they passed through Williams Lake, her husband, who was driving the van, became concerned about the road conditions and decided to turn off Highway 97 to wait out a snow storm that had struck.
He found a side road and signalled to turn but before he could complete the manoeuvre, a semi-trailer driven by the defendant, Gerhard Meerdink of Bandstra Transportation System Inc., ran the van off the road as it passed on the left.
The plaintiff had since admitted liability. At issue was how much Dhaliwal should be awarded.
Prior to the incident, Dhaliwal was a fit and energetic person who would go on a five-kilometre run several times per week.
In the time since the incident, Dhaliwal has continued to suffer pain in her hip, neck and right side of her shoulder and can no longer do most common household chores, let alone run like she used to, and requires pain-killing medication.
In May 2012, she was promoted into a managerial position at Northern Health and her next career step would have been to secure a director's position. However, when an opening came up, she did not apply.
Becoming a director is out of the question in part because the all-day meetings would mean she could not longer break up her day.
"While she feels she has the drive and intelligence, she does not have the capacity to take the next step in responsibility," Justice Jennifer Duncan said in her reasons for judgment. "It takes all of her focused energy to manage her pain and function as a manager."
Dhaliwal would also have had to complete a master's in health services - a goal listed on her resume when she applied for the job she now holds - but because of the ongoing discomfort and the breaks she needs to cope with her pain, she has since opted not to pursue the degree.
As a consequence, Dhaliwal had been seeking $400,000 for loss of future earning capacity while the defendant's counsel argued $25,000 to $50,000 is more appropriate, noting in part that she had been promoted since the accident, continues to work full time and does not have a medical disability.
But Duncan accepted Dhaliwal's assertion that if not for the accident, she would have enrolled in the master's program and, given her past record of academic success, would have completed it within the four-year maximum allowed.
By 2017, Dhaliwal likely would have attained enough experience within her management role to successfully compete for a director's position, either with a completed master's degree or one near completion, Duncan concluded.
In addition to the $200,000, Dhaliwal was awarded $90,000 for non-pecuniary damages, $50,000 for cost of future care, $8,452.60 for past wage loss and $3621.27 for special damages for a total of $351,803.87.
The decision was issued Dec. 22.
