A B.C. Supreme Court judge has given damages of $2,506,875 to a woman injured in a Vancouver October 2018 car accident.
Megan Dhaliwal sued Menghan Wu, Car2Go Canada Ltd. and Mercedes-Benz Financial Services Canada Corporation.
Dhaliwal was a passenger in a Car2Go rental vehicle driven by Wu, Justice Nitya Iyer said in her July 31 decision.
She said the other defendants were the driver of the other vehicle and the companies owning the rental vehicle. However, Dhaliwal, who was 19 at the time of the accident, discontinued the action against the other driver.
“Ms. Wu has admitted liability and agrees that the accident caused Ms. Dhaliwal’s ongoing injuries,” Iyer said.
The judge said the April-May trial focused on quantifying damages, with the most contentious issue being loss of earning capacity.
At the time of the accident, Dhaliwal was in the third year of a bachelor of commerce program, intending to complete a major in finance and become a financial analyst or investment banker.
“Based on what she anticipated would be a high-earning career, Ms. Dhaliwal seeks approximately $8M in loss of future earning capacity,” Iyer said.
The defendants argued Dhaliwal had not established a substantial likelihood that she would incur any future earning loss or, if she had, that an award of $172,000 was appropriate.
As a result of the two-car collision, the vehicle’s airbags deployed and burned Dhaliwal’s face.
“Later that day, Ms. Dhaliwal’s neck and back began hurting, and she left her classes early,” Iyer said. “She saw her doctor the next day, reporting back and neck pain, difficulty turning her head, as well as poor sleep. She was referred to physiotherapy and massage therapy.”
The judge noted her discomfort worsened. With increased pain, she could not concentrate on her studies and was permitted to withdraw from classes.
“There is no dispute that Ms. Dhaliwal sustained soft tissue injuries to her neck, arms and back in the accident,” Iyer said. “These have caused headaches, chronic pain, dizziness, sleep disturbance, depression and anxiety. Although a concussion was suspected, this was ruled out.”
The damages broken down are:
• $225,000 in non-pecuniary damages;
• $3,500 for loss of past earning capacity;
• $2,018,000 for loss of future earning capacity;
• $242,185.90 for the cost of future care; and,
• $18,190 for special damages.
