Driver awarded $402,596 in Port Coquitlam crash case

A driver who collided with a city-owned vehicle in 2017 was awarded 402,596, according to a recently published B.C. Supreme Court decision.
The defendants in the case, the City of Port Coquitlam and Derrick Thompson, admitted liability but disagreed on damages, submitting an appropriate award would have ranged from approximately $218,000 to $288,000.
The crash
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Thompson was driving a 2006 Ford F250 owned by Port Coquitlam northbound on Shaughnessy Street.
Thompson was near Eastern Drive when he tried to make “two consecutive lane changes,” according to court documents. The F250 collided with a 2010 Honda Ridgeline driven by Brandon Ishii.
“The right front wheel of Mr. Ishii’s truck rode up the area of the left rear fender of the defendants’ vehicle, then dropped to the ground, collapsing the right front suspension of the truck,” the judgment stated.
According to Ishii’s account, he opened the door after the crash and stood on the running board to yell at Thompson when he felt: “a sharp stab of pain” across his lower back.
Ishii was taken to Eagle Ridge Hospital, where x-rays showed slight curvature of the spine. Later tests showed small disc bulges.
The Ridgeline was a total loss. The F250 sustained $6,906 in damages.
Ishii had also been injured in a 2010 motorcycle crash in which he fractured his right femur and both wrists, requiring surgery.
Lemons race
A former pizza delivery driver, Ishii planned to become a pilot or take an automotive apprenticeship program at BCIT.
Prior to the crash, he’d been working on a Chevy Caprice with his friend Connor Williams in preparation for the Lemons race in Shelton, Wash. The race has competitors spend a maximum of $500 fixing vehicles “other than for safety improvements,” according to the judgment.
He and Williams kept working on the Chevy after the crash, but Ishii was restricted in his movements, unable to do physical work, and had trouble working for long periods, according to Williams.
About four weeks after the crash, Ishii entered the race and drove for 30-40 minutes before halting due to his injuries, according to the judgment.
Two doctors diagnosed Ishii with a soft-tissue back injury and chronic pain.
Ishii eventually found work as a locksmith, displaying high aptitude, according to his employer. However, he typically needed a second worker on jobs requiring heavy work.
Justice Jones noted “a number of inconsistencies in the evidence regarding [Ishii’s] hours of work.”
Ishii said he’d worked full-time at Domino’s Pizza for part of 2015. However, that was “difficult to reconcile with his income tax return,” Jones wrote, noting Ishii’s earned income was $410.
There was also a discrepancy in the weekly hours Ishii worked as an apprentice locksmith.
The defence contended any award should be mitigated by Ishii’s uneven work history and, “lack of clear plans for future employment.” Ishii should be awarded $113,572 for loss of future earning capacity, the defence submitted.
However, Jones found “a real and substantial possibility” the crash hurt Ishii’s earning capacity when he started working as a locksmith, awarding him $260,000 for loss of future earning capacity.
Including pain and suffering, loss of past and future earning capacity and damages, the court awarded Ishii a total of $402,596.
