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B.C. court awards $1M in T-bone accident damages

Andrew Matwijec was driving his Mazda 3 north on Surrey's 132nd Street when it was hit by a Toyota Yaris.
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The Vancouver Law Courts.

B.C. Supreme Court has awarded $1 million to a man who suffered multiple injuries when his car was T-boned in a Surrey January 2019 accident.

In a Nov. 8 decision, Justice Lisa Hamilton said Andrew Matwijec was driving his Mazda 3 north on 132nd Street when it was hit by Bradley Edward Goodridge’s Toyota Yaris.

While Matwijec’s vehicle was a write-off, the judge said, he suffered soft tissue neck and back injuries, left and right shoulder injuries, headaches and psychological injuries as a result of the accident.

“He was a labourer, returning to modified duties from May of 2019 until June of 2021 but was unable to continue working,” Hamilton said. “(He) has withdrawn from most physical and social activities and spends much time in his room. He continues to have daily pain, particularly in his shoulders, low mood and significant difficulties sleeping.”

She said Goodridge admitted liability and that Matwijec was injured.

Matwijec testified that the accident “came out of nowhere.”

“His vehicle spun around on impact. Video footage of the accident played at trial was consistent with (his) description,” the judge said.

On impact, Matwijec’s body was jarred sideways “like a ping pong ball,” the judge wrote. When his body jarred to the right, his right shoulder collided with the passenger. When he jarred to the left, his left shoulder hit the side of his vehicle.

Witnesses testified his mood had changed from “vibrant and fun to be around before the accident.”

“The accident changed his personality and mood dramatically and he is now hard to be around,” the judge said.

Broken down, the $1,004,685.25 award is:

• non-pecuniary damages of $235,000;

• past loss of earning capacity of $215,000 (gross);

• future loss of earning capacity of $500,000 (gross);

• past loss of housekeeping capacity of $13,200;

• future loss of housekeeping capacity of $39,242; and,

• cost of future care of $2,243.25.