A Coquitlam widow who was struck by a vehicle during a driving lesson will suffer loss of enjoyment of life and reduced earning capacity as she deals with chronic pain, a B.C. Supreme Court judge has ruled.
Justice J. Shergill has awarded Simona Rusu $458,603 for pain, loss of work and rehabilitation costs after a traumatic car accident which left her with headaches, neck, shoulder, back pain, anxiety and depression.
The Coquitlam mother of two children had just returned to Canada from Romania where she spread her late husband’s ashes, when the accident occurred on Dec. 13. 2017.
In the wake of his tragic death from a lengthy illness, Rusu decided to learn how to drive and get a job to support her kids.
Unfortunately, during a driving lesson with her instructor, Rusu’s vehicle was struck from behind while she was stopped at the intersection of 216th Street and Lougheed Highway in Maple Ridge.
"The force of impact from the first collision was significant," the judge notes in the July 4 ruling.
"It caused Ms. Rusu’s body to be pushed forwards and backwards. Ms. Rusu testified that she was extremely scared."
"She immediately began to experience a headache, and felt neck and back pain. Ms. Rusu declined the driving instructor’s offer to take her to the hospital, as she wanted to go home to her children."
Driver at fault
Her vehicle, a Toyota Corolla, was eventually written off as "an obvious total loss," as a result of the accident.
Formerly a "bubbly" woman who would hike the Coquitlam Crunch with friends, the accident left Rusu unable to walk more than 500 metres without experiencing pain symptoms. She also can’t stand for more than 30 to 60 minutes without it bothering her back.
Fault was not at issue, according to the July 4 judgment posted online, as neither the driver, identified as Christopher Hichcliffe, nor the company leasing the vehicle, Willowbrook Motors, disputed who was at fault in the accident.
However, according to the defendants, there was a second accident accident Rusu experienced on Jan. 27, 2021, when she was a passenger, and they argued that it was this most recent incident that was the cause of her ongoing health issues.
They argued Rusu had nearly recovered from the first accident, and had stopped physiotherapy treatments. They sought limits to the award for pain and suffering.
However, the judge disagreed, citing reports from Rusu’s doctor.
Fear of driving
Dr. Aaron MacInnes diagnosed Rusu with a whiplash injury after the first accident and prescribed her with various treatments to increase her physical conditioning and endurance.
However, the doctor noted "there is a low likelihood for significant improvement of the plaintiff's chronic pain symptoms even with future treatment and intervention."
After the second accident, MacInnes said Rusu continued to suffer from physical and mental health symptoms, including pain and mood and anxiety symptoms, which were "all caused by the first collision and exacerbated by the second collision."
While prescribing various treatments, such as physiotherapy, MacInnes said Rusu would "most likely continue to suffer from daily ongoing chronic pain."
After the second accident, Rusu took physiotherapy, and was also referred for some counselling to address her fear and driving anxiety.
Part-time hours
Rusu's friend Monica Soos also testified that prior to her first accident, the young mother was "outgoing, willing to go out and do things and energetic."
They would go to the park with their children and the meetings were always "go, go."
After the first collision, Rusu declined to participate in activities,and would cancel or avoid activities, her friend said.
In addition to struggling with house keeping duties, Rusu’s earnings capacity is also diminished, the judge notes.
Broken down, Justice Shergill awarded Rusu $335,000 for loss of earnings due to only being able to work part time, rather than full time at 40 hours a week until her retirement.
In addition, she was awarded $100,000 for pain and suffering, $21,300 for cost of future care and $2,303 for special damages.
