A B.C. Supreme Court judge has awarded the victim of a car crash $1.47 million in damages.
Victoria dentist Dr. Cameron Harris sued Vida Anderson-Wulff and Abigail Owen for damages between $1.6 million and $2.9 million
In a Jan. 21 decision, Justice Edlyn Laurie said Harris, then a dentistry student, was a passenger in a vehicle that was rear-ended by the vehicle owned and driven by Anderson-Wulff.
“I find that that the plaintiff has proven on a balance of probabilities that, but for the defendant’s negligence, he would not have sustained the injuries and conditions . . . and he would not have experienced his post-accident symptoms,” the judge said.
Harris became a dentist in 2020.
He alleged the injuries he sustained from the accident negatively impacted his life and caused him to incur losses in his dental practice. With his fiancée he owns and operates View Royal Dental Clinic in Victoria.
He sought damages in the range of $1.6 million to $2.9 million in the case heard in Vancouver.
Andersen-Wulff admitted liability for the accident but disputed all aspects of the plaintiff’s claim for damages.
“She argues that the plaintiff’s evidence is neither credible nor reliable, and should be rejected,” Laurie said. “She submits that no damages should be awarded.”
Laurie said the claim against Owen, the driver and owner of the vehicle that Harris was in, was previously discontinued.
“Hence, any reference to ‘the defendant’ within these reasons pertain to the defendant Andersen-Wulff,” Laurie said.
The judge said that, on March 31, 2018, Harris was with Owen in Victoria. She was driving her Honda Civic and Harris was in the front passenger seat of the car.
Both wore seatbelts.
“While they were stopped at a red light at the intersection of Bay and Douglas Streets, he heard Ms. Owen gasp,” Laurie said. “He looked to his left, heard a crunch, and felt a sudden impact. He put his hands out to brace himself. He did not recall if the seat belt had locked.”
Laurie said Harris testified that his memory of the accident and how he felt immediately after was foggy.
Still, Laurie said, Harris went to the hospital that day and later to a walk-in-clinic.
“He testified that he had pain and tightness in his neck, shoulders, and back. He also had hip tightness and a significant headache. There was still numbness in his left hand. He also noticed that he had chipped his front and lateral teeth,” Laurie said.
In the ensuing years, Harris saw numerous doctors and other health professionals.
“He estimated that since the accident, he had seen a massage therapist about 50 to 60 times, a chiropractor about 100 times, and a physiotherapist about 150 times,” Laurie said.
“Dr. Harris also testified that he experienced low mood and anxiety over his symptoms and from not receiving satisfactory medical answers,” the judge said “He attended counselling with respect to these issues.”
He has continued to experience symptoms.
Once an avid golfer, hiker and cyclist, Harris no longer golfs due the discomfort of the twisting motion. He no longer vigorously cycles or hikes.
“In dentistry, he uses his left hand to operate dental instruments. Dr. Harris testified that he had difficulty doing his UBC clinical work as the pressure of holding dental instruments in his left hand caused pain and discomfort on his hand and fingers,” the judge said.
She said Harris estimates that on average he is losing between one to three hours of dental billing hours where procedures can yield up to $2,000 an hour in billings.
Economist Darren Benning testified that if Harris works to 65, he could be losing between $1.6 million and $6 million.
• $130,000 in non-pecuniary damages;
• $15,000 in past loss of income earning capacity;
• $1,290,000 in future loss of income earning capacity;
•$30,000 in costs of future care;
• $2,000 in in-trust claim; and,
• $8,169.17 in special damages.
