A B.C. Supreme Court judge has awarded a man $1.7 million in damages after a car collided with his motorcycle
Kevin Gray, now 51, was injured Sept. 22, 2018, when Alexandra Lanz turned her vehicle into the path of Gray's motorcycle, striking him with the front passenger side. Gray was propelled over the handlebars, onto the hood, and then onto the ground on the Langley Bypass.
Lanz admitted she was negligent and Justice Geoffrey Gomery said there was no dispute that Gray suffered a dislocated left shoulder, fractured right wrist, and a torn ligament in his left wrist.
Where disagreement arose, said the justice, was whether Gray, a Koolhaus video games company art director, also suffered a mild traumatic brain injury.
Gray did not take much time off work so a claim for past economic loss was low.
The difficulty, Gomery said, is that, even though Gray has been working, he is not at all well. Gray has complained of symptoms including headaches, dizziness, cognitive issues, vision issues, disrupted sleep, depression, and anxiety — all of which have impaired his performance at work.
“There is no suggestion that he is exaggerating his complaint,” Gomery said.
Evidence from Gray’s employer, a co‑worker, a friend and his wife corroborated complaints of frequent dizziness, headaches and cognitive complaints.
“They say that he has difficulty in conversation and struggles to focus,” Gomery said. “Such difficulties were evident when Mr. Gray was giving evidence.”
Gomery said the witnesses attribute Gray’s complaints to the accident.
“They say that he is not the man he was before” Gomery said.
Gray claimed his symptoms make it imprudent for him to continue working for the time being and perhaps indefinitely.
He claimed approximately $1 million for loss of future earning capacity.
“Ms. Lanz vigorously challenges this claim,” Gomery said.
Lanz submitted that the evidence supports an award in the range of nothing to $111,000, although she said the award should be reduced by 50 percent for Gray's failure to mitigate his recovery.
The court heard the accident has caused Gray to become distant from his wife and son.
Despite that, Gray “has tackled physical and cognitive challenges consequent on the accident with a stoic determination to continue working,” said the justice.
The largest share of the $1.7 million award stemmed from loss of future income earning capacity, for which $841,000 will be paid out.
