A Prince George man has been awarded nearly $2.1 million for the pain and trauma he suffered from a horrific and deadly head-on collision.
On the morning of Nov. 29, 2013, Leo Murphy was driving west on Highway 16 in a pickup truck owned by his employer when the driver of a sport utility vehicle heading in the opposite crossed into the oncoming lane.
It appeared to be out of control, according to a review of the event by B.C. Supreme Court Justice Robert Sewell, and turned sideways as it crossed the centreline so the passenger side faced the front of Murphy's vehicle.
Murphy pulled to his right and onto the highway's north shoulder but so did the oncoming SUV. The collision was violent and both the driver and the passenger in the SUV were pronounced dead at the scene.
The SUV's driver was deemed at fault. As issued was the extent of the damages Murphy had suffered.
Sewell found the injuries Murphy suffered left him not only incapable of working at what is a highly-physical job, but also of performing the activities he previously enjoyed. Moreover, Sewell also found Murphy continues to suffer psychological fall out from incident.
A conveyor belt technician Murphy routinely worked 60-hour weeks and when he wasn't working, he rode dirt bikes, all-terrain vehicles, snowmobiles and BMX bikes. He also jogged, swam and lifted weights and could bench press as much as 425 pounds and squat up to 550 pounds.
When the collision occurred, Murphy's air bag deployed but the steering wheel was broken, distorted into an oblong shape and pinned against his chest. He was taken to hospital where he was diagnosed as suffering from multiple superficial injuries and was discharged the same day. But his pain symptoms continued to the point where they became debilitating.
And he suffered from nightmares, often focused on the memory of the face of the passenger, a boy, in the SUV just prior to the collision. Murphy became depressed and socially isolated and when he was driving hyper-vigilant and very aggressive.
He also reported memory problems and trouble retaining information.
Sewell found that while the psychological injuries were the most profound, the evidence also showed Murphy is no longer able to meet the physical demands of his occupation although he could find low-paying work if his mental state improves.
Defence counsel argued Murphy should receive $875,000 of which $125,000 would be for non-pecuniary damages and $500,000 for loss of future income capacity. Murphy's counsel argued for $2.465 million that could include $200,000 for non-pecuniary damages and $1.8 million for loss of future income capacity.
In a decision issued Tuesday, Sewell settled on $2.095 million, with $175,000 for non-pecuniary damages and $1.6 million for loss of future income-earning capacity.
