B.C. woman brain injured in crash as a baby gets $1.1 million in damages

Trial heard the woman was 16 months old, being carried by her mother when they were both hit

A woman has been awarded almost $1.2 million by the B.C. Supreme Court after her skull was fractured 17 years ago in a pedestrian crash when she was a baby.

A trial heard the unnamed woman was 16 months old and being carried by her mother across a street when they were both hit.

The plaintiff, who court heard is in the process of gender reassignment to live as a female, says she suffered a complicated mild traumatic brain injury that has had a lasting and disabling impact on her life.

Experts told the trial the accident caused a traumatic brain injury, reducing brain development, which set off cognitive and psychological difficulties.

Justice Barbara Young said the woman’s brain injury has worsened those conditions.

She awarded $770,000 for loss of earning capacity, over $200,000 for future care costs, plus damages for a total of $1,159,500.

“Had the accident not occurred, the plaintiff would still have developed celiac disease and would have still been transgender,” Young wrote.

“The plaintiff also would have had arachnophobia. There is no indication that the plaintiff would have had ADHD or suffered from anxiety and depression or a sleep disorder as a young child but for the accident. I find, however, that the anxiety and depression the plaintiff suffers as a result of her gender dysphoria are worsened by the underlying complicated [mild traumatic brain injury.]”

The Canadian Press

Like us on Facebook and follow us on Twitter.

Just Posted

UPDATE: Alcohol and speed not ruled out as factors in fatal crash north of Campbell River

Highway 19 reopened Sunday night after being closed in both directions

MLA Andrew Weaver thins workload after illness, full recovery expected

BC Green Party leader felt symptoms at a public event in Langley, and was taken to hospital

U.S. student killed in Bamfield bus crash remembered as ‘kind, intelligent, talented’

John Geerdes, 18, was one of two UVic students killed in the crash on Friday night

UPDATE: UVic students killed in Bamfield bus crash were from Winnipeg, Iowa City

RCMP also said a second vehicle was in the area at the time of the collision

VIDEO: Liberals make child care pledge, Greens unveil platform on Day 6 of campaign

Green party leader Elizabeth May unveils her party’s platform in Toronto

B.C. forest industry looks to a high-technology future

Restructuring similar to Europe 15 years ago, executive says

RCMP conclude investigation into 2017 Elephant Hill wildfire

Files have been turned over to BC Prosecution Service

B.C. wants to be part of global resolution in opioid company bankruptcy claim

Government says settlement must include Canadian claims for devastation created by overdose crisis

UPDATE: One man dies in Saanich collision

Police are asking people to avoid the intersection at Cumberland and Union roads

B.C. ends ‘birth alerts’ in child welfare cases

‘Social service workers will no longer share information about expectant parents without consent’

Surf’s Up Tofino offers wave of positivity for families living with autism

“There’s no other opportunity like this for kids like Rylan.”

PHOTOS: Vancouver Canucks train in Victoria

‘We have some great guys coming in,’ says Pettersson in advance of Island exhibition game

Most Read