A B.C. Supreme Court judge has awarded a Langley man $2.13 million in damages for injuries he received in three car accidents.
In his claims, Stuart Main sought damages for injuries he sustained as a result of three collisions on April 30, 2017, Nov. 1, 2018 and March 2, 2019.
“In all three accidents, the plaintiff was stopped in a vehicle that was rear-ended by another vehicle,” Justice Sheila Tucker said in her March 1 decision. “Liability has been admitted in all three accidents.”
The first accident occurred in Surrey on 176th Street. Main was driving and his wife was in the front passenger seat. While they were stopped in traffic, their car was rear-ended by a vehicle owned and operated by Ciara Gernon.
Tucker said the impact pushed the Mains’ car forward into the vehicle in front of them, causing a second impact.
“The Mains’ vehicle sustained significant damage,” Tucker said.
In the second accident, Main was stopped on 200th Street in Langley, when he was rear-ended by a vehicle owned and operated by Dean Salsnek.
“It was a relatively minor collision,” Tucker said.
In the third accident, Main was stopped on Fraser Highway near 160th Street in Surrey when he was rear-ended by a vehicle owned and operated by Michael Guilbault.
“It was also a relatively minor accident,” Tucker said.
At trial, Main asserted he sustained a mild traumatic brain injury and myofascial neck injuries in the first accident, and now suffers significant ongoing cognitive impact, persistent headaches and neck pain in the result.
He argued that his headaches and neck pain were aggravated in the subsequent accidents.
Tucker said the defendants conceded that the evidence points to the plaintiff having sustained a mild traumatic brain injury in the first accident.
However, they denied that the effects of that injury are as significant as Main claimed. They argued he had neck pain prior to the first accident and denied that the second or third accidents were aggravating.
Main, a Canada Revenue Agency (CRA) tax auditor, sought $2,193,477 in damages while the defendants said $175,955 was appropriate.
The court heard that Main began to have work productivity issues after the second incident.
“The plaintiff testified that in early 2020 he was trying hard at his work, but just could not function at the rate he could before,” Tucker said.
Soon, he began to experience occasional numbness in his face, left hand and left leg.
By 2022, he was on disability benefits and, in May 2022, he received approval to retire early on medical grounds that November.
Tucker heard from a number of doctors in the trial.
She found he had likely reached his maximum medical improvement.
“I find that the plaintiff was rendered unable to sustain his continued employment at the CRA and that he is unlikely to be able to return to work, even in a part-time capacity,” Tucker said.
The largest part of the award was $1.19 million for loss of future earning capacity.
