A 35-year-old Gabriola Island woman has been awarded almost $300,000 in damages for injuries she sustained during a 2008 vehicle collision in downtown Nanaimo.
A B.C. Supreme Court decision handed down in Nanaimo on Monday awarded Misty Dorosh some $294,868 in damages, minus funds already paid.
Dorosh had been driving west on Albert Street on March 11, 2008, when her car was struck on the passenger side by a vehicle southbound on Selby Street.
The woman had been on a trip to a nearby market and had planned to take a ferry home to Gabriola Island.
Dorosh's car sustained 'significant' damage in the collision. The defence, representing Jason and Florence John, attempted to argue that the evidence warranted a "much more modest reward" than the $350,000 sought by Dorosh.
While a stop sign was posted at the Selby Street intersection, it could not be proven whether or not the defendant had driven through the intersection legally, due to the surprise Dorosh experienced when her vehicle was struck.
"Ms. Dorosh pulled her vehicle over to the side of the road out of traffic and was able to get out of the vehicle," wrote Supreme Court Justice Jennifer Power in her decision.
"Her legs were weak and shaky. She sat down. The defendant driver and passenger approached and the defendant driver indicated to Ms. Dorosh that the sun was in his eyes."
Dorosh had been working as a barista on Gabriola Island at the time. The crash aggravated a shoulder injury and caused her to miss time from work.
The testimony of a physician said the probability of her making a complete recovery from the shoulder injury was "good," but how long it would take could not be predicted.
The money awarded to Dorosh included non-pecuniary damages, past income loss, cost of future care, special expenses and some $150,000 for future income loss.
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