Courtney David Baskerville was first struck while cycling in London’s West End before taking a taxi to Gastown.
A Vancouver man has been awarded $1.2 million by a B.C. Supreme Court judge for injuries sustained in two accidents.
On September 25, 2014, at approximately 6 p.m., Courtney David Baskerville, 46, was shot by one of the The vehicle the defendant was driving hit, causing him to fall and hit his head on the pavement.
Then, on December 22, 2018, Baskerville was traveling as a backseat passenger in a taxi when the vehicle was hit by another vehicle that was changing lanes driven by another defendant.
The defendants in the first case are Ping Liu, Guy François Duport and Mercedes-Benz Financial Services Canada.
The defendants in the second case are Madara Sturmane, Parviz Kazemi and Maclure’s Cabs.
In her decision issued on December 12, Judge Sheri Ann Donegan said responsibility had been admitted for both crashes.
Baskerville is seeking compensation for his injuries in both crashes, arguing he suffered multiple chronic physical, psychological and cognitive injuries in the first crash that were exacerbated by the second crash.
The defendants acknowledge that Baskerville was injured in the accident, but they dispute the extent of his alleged injuries, the impact on his life, and the amount of damages claimed.
In the first incident, Baskerville took to Stanley Park for a few laps on his new custom road bike. He wears a helmet.
Donegan said that as he was biking northbound on Denman Street, just past the intersection with West Georgia Street, one of the defendants, Ping Liu, negligently drove a motor vehicle out of the parking lot and hit him.
The front bumper of the vehicle hit the right side of Baskerville’s bike, causing him to sprain and fall. He hit his head on the pavement.
For the next period of time, he suffered from headaches. He doesn’t want to take time off from construction work because he doesn’t want to affect his income. However, Donegan said his emotional and mental health began to decline; he experienced panic attacks and began to experience PTSD symptoms.
Over the next few years, doctors prescribed medication, and he went to work on painkillers.
second accident
During the December 22, 2018, incident, Baskerville was a backseat passenger in a taxi to a bar in Gastown. Baskerville was trying to get back into concerts with ease, and he felt the small venue was a good fit.
While the taxi was driving on West Georgia Street in Vancouver, Baskerville saw another motor vehicle moving erratically and weaving through traffic. The car, driven and owned by Sturmane, switched lanes directly into the cab.
Donegan said the taxi driver didn’t have time to avoid being hit. She said Baskerville felt his body jerk back and forth.
“Immediately he experienced a severe, severe headache, as well as pain in his neck and lower back,” Donegan said.
He began to experience many of the things he had experienced before and continued in therapy. “His anxiety was ‘spiked again’ and he continued to have panic attacks,” Donegan said.
After hearing from multiple doctors who examined Baskerville, Donegan said he suffered a concussion or mild traumatic brain injury, whiplash, persistent or chronic headaches, back sprains, major depression, sleep apnea Problems and anxiety, as well as other PTSD symptoms, cognitive issues, and sexual health dysfunction.
“The prognosis for all of Mr. Baskerville’s injuries remains cautious,” Donegan said. “His condition is difficult to treat and is not expected to improve with time and additional treatment. His pain and suffering will likely worsen as his ability to cope and manage declines with age.”
In total, Donegan awarded Baskerville $877,830 in lost future earnings, $180,000
Of the non-pecuniary damages, $142,373 in future care costs, loss of income and $5,618 in special damages.
jhainsworth@glaciermedia.ca
