A Vernon woman now living in the Lower Mainland has been awarded almost $200,000 following a collision in Vancouver.
BC Supreme Court Justice Kevin Loo awarded Kandes Tamara Krepski a total of $191,157.40 after a fender bender on Marine Drive in 2018.
Krepski's minivan was struck by a Mazda 6 driven by Morgan Leanna Valenciano as Valenciano pulled out of a parking spot.
Krepski testified that prior to the accident she was active, hiking, skiing, snowboarding, and figure skating.
The collision caused the plaintiff's car to stop abruptly and to be pushed into the next lane.
She suffered a concussion, a cut to her leg, a sore ankle, and pain in her knees and elbows as well as neck and shoulder pain, and sore ribs, making everyday activities uncomfortable despite most of her symptoms improving.
However, the defendants, Valenciano and her husband, the registered owner of the car, noted significant differences in accounts of the collision.
"It is difficult to reconcile (Krepski's) description of the accident with the other evidence in the case. She described the accident as involving a 'huge impact' and said that the collision was 'deafening' and 'super, super loud'. By contrast, the photos of the vehicles show what appear to be fairly minor scrapes and scratches. Further, the defendant and her colleague had a tray of drinks from a fast food restaurant that did not spill," Loo wrote in his Nov. 29 judgment.
The defendants claimed Krepski had a pre-existing injury from her work at Lion's Gate Hospital, for which she took a disability leave some years earlier. However, Loo found it "clear that the plaintiff has suffered soft tissue and psychological injuries which were caused by the accident and have affected her enjoyment of life."
The defendants sought a reduction in the total amount awarded based on a failure to mitigate the injuries by following physicians' advice, and Loo reduced the award for future earning capacity by 10%.
Krepski claimed non-pecuniary damages, past loss of income, future loss of earning capacity, cost of future care, special damages, and an 'in trust' claim arising from household and childcare responsibilities undertaken by her husband following the accident.
Loo awarded Krepski a total of $191,157.40.