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.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Mary Lowther column: Growing out your own seeds

Some crops like tomatoes don’t cross pollinate well

‘Made in the Cowichan Valley’ coming to a wine bottle near you

Buyers across the province will soon be able to pick up a… Continue reading

Minivan driver’s speed a factor in fatal 2018 Malahat crash

Driver was travelling at 101 km/h in a construction zone

B.C. Ferries increasing passenger capacity after COVID-19 restrictions

Transport Canada 50-per-cent limit being phased out, no current plans to provide masks

Shellfish industry get funds to clean up at Island sites and beyond

Businesses can apply to cover half of costs to clean up so-called ‘ghost gear’

Amber Alert for two Quebec girls cancelled after bodies found

Romy Carpentier, 6, Norah Carpentier, 11, and their father, Martin Carpentier, missing since Wednesday

B.C. man prepares to be first to receive double-hand transplant in Canada

After the surgery, transplant patients face a long recovery

Grocers appear before MPs to explain decision to cut pandemic pay

Executives from three of Canada’s largest grocery chains have defended their decision to end temporary wage increases

Bringing support to Indigenous students and communities, while fulfilling a dream

Mitacs is a nonprofit organization that operates research and training programs

RCMP ‘disappointed’ by talk that race a factor in quiet Rideau Hall arrest

Corey Hurren, who is from Manitoba, is facing 22 charges

NHL’s Canadian hubs offer little economic benefit, but morale boost is valuable: experts

Games are slated to start Aug. 1 with six Canadian teams qualifying for the 24-team resumption of play

Most Read