A B.C. Supreme Court Justice has awarded a man $167,000 in damages for the injuries he had suffered when he was hit by a van while riding through a Prince George alley slightly more than 14 years ago.
Of that total, Sean Samuel Rainey, 54, is to receive $110,000 for general damage, $30,000 for past lost income, $2,500 for the cost of future care and $2,000 for special expenses according to a decision issued last Friday by Justice Dev Dley.
In March 2019, Dley found the van's driver, Anthony Gordon Fane, completely at fault for the August 2006 collision.
Counsel representing the driver had argued the action brought by Rainey should be dismissed because he was the author of his own misfortune. At the most, the liability should be split 50-50, Fane's counsel, David Bilkey, contended.
But Dley found otherwise saying Fane backed up into the lane despite being unable to see if there was other traffic in the pathway.
Rainey represented himself at trial. He had a lawyer when the action began in 2008 but they parted ways over differences. The same happened when Rainey took on a second lawyer and proceeded on his own behalf after that.
The trial began in February 2017 but was put on hold to give Rainey another chance to get counsel. When that failed, the trial was resumed in February 2019.
While the injuries Rainey suffered appear to have been significant and permanent, Dley requested updated evidence before assessing damages. But Rainey was uncooperative even though he was reminded constantly that the onus was on him to prove his case. Finally, Dley chose to make a decision based on information provided during the trial.
Dley declined to provide damages for loss of future income because, while Rainey had claimed he was about to start work as a farmhand when he was struck, the Justice found it unlikely it would been long-term given his sporadic work history.
However, Dley did award Rainey $30,000 for loss of past income related to the job as a farmhand. And in determining general damages, Dley made note of Rainey's pre-existing conditions and took into account an application for disability benefits Rainey submitted two months prior to the collision.
