Judge ruled other driver 100 per cent liable for accident that left 60\u002Dyear\u002Dold labourer in chronic pain and limited in his ability to work.
The encounter left the SmartCar driver with injuries serious enough six years later to all but end his career as a labourer and in chronic pain, according to a lawsuit decision in B.C. Supreme Court.Start your day with a roundup of B.C.-focused news and opinion delivered straight to your inbox at 7 a.m., Monday to Friday.By clicking on the sign up button you consent to receive the above newsletter from Postmedia Network Inc.
The defendant, Ernest Ponton, argued at trial that Brown should be assessed 40 per cent liability for the accident because he said Brown instigated the altercation that led to the accident, Stephens wrote. But the judge rejected that and found Ponton 100 per cent liable. About a month later, Brown spotted Ponton’s van and followed it for five to 10 minutes onto Otter Point Road. Ponton pulled over and Brown drove ahead of him and walked toward the front of Ponton’s van in a manner, especially considering the context of the earlier meeting, the judge called “objectively confrontational.”
With Brown behind the wheel, Ponton then rammed his van into the SmartCar’s driver side door, reversed the van and rammed him again, at least three times in total, “pushing it close to going over the edge of the road” and into the ditch, Stephens wrote.Article content The judge said Brown suffered injuries to his neck, shoulder and back and remains in chronic pain. He developed diabetes as “secondary effects of the accident” and that caused numbness in his right leg, limiting his work as a self-employed gutter and soffit installer, his job for 30 years.ificant way in the future,” leaving him to work at a “significantly reduced level” because of less strength and the numbness in his leg that makes it unsafe to work.
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