O’Mara v. Insurance Corporation of British Columbia, 2019 BCSC 2222
RHE obtains $1.148 million award for pedestrian struck in a hit and run collision
Michael Elliott and Scott Morishita were trial counsel for Janis O’Mara, a 43 year old medical office coordinator, who was walking in a marked crosswalk when she was struck by a vehicle. The vehicle that struck Ms. O’Mara fled the scene and the identity of the driver remains unknown. The impact resulted in Ms. O’Mara suffering fractures to her right knee and left wrist, peroneal nerve injuries, facial lacerations, and a concussion. Ms. O’Mara required surgery and the insertion of hardware to her knee. These injuries developed into a severe chronic pain condition with significant depression and anxiety.
ICBC argued that Ms. O’Mara’s ongoing problems were related to her pre-accident medical conditions, and further, that she would only require relatively minor medical care into the future. In rejecting these arguments, the Supreme Court of British Columbia awarded Ms. O’Mara $185,000 for her pain and suffering, $517,400 for her past and future income loss, $420,854 for her past and future care needs, and $25,000 as an “in trust” award for Ms. O’Mara’s two children who assisted Ms. O’Mara during her lengthy recovery.
The full reasons for judgment can be found here.