A B.C. man has been awarded $6.1 million in damages in connection with a 2019 accident that left him without the use of his legs.
The ruling, handed down by a B.C. Supreme Court judge Aug. 21, stems from March 2019, when Richard MacLellan borrowed a Ford truck from his mother. Plaintiff Cody Somers was working on his dirt bike when MacLellan came to pick him up. Tucker found the plan for the evening was to pick up alcohol and return to Somers’ residence, Justice Sheila Tucker said in the decision.
MacLellan behind the wheel and Somers in the passenger seat, the vehicle was travelling through the Old Fort area near Fort St. John not far from where the road began to curve. Somers teased MacLellan about having to drive his mother’s car, according to the ruling. In response, MacLellan hit the gas, accelerating the truck to 140 kilometres per hour.
“Mr. Somers says that a few kilometres on, Mr. MacLellan let out a ‘roar’ noise as if he was startled and the Ford began to go out of control and swing around so the passenger side was leading the Ford’s way down the Road,” Tucker said in her ruling.
The Ford crossed the west bound lane, entered a ditch running parallel to the west-bound lane, and rolled at least once — ultimately ending upright inside the ditch, Tucker said.
The next thing Somers remembered was waking up in the ditch unable to use his legs and lapsing in and out of consciousness.
Another car was flagged down for help. Somers was soon taken to Fort St. John Hospital but later airlifted to Vancouver General Hospital.
“Aside from some bruising and soreness, Mr. MacLellan walked away from the accident unscathed,” Tucker said. “Mr. Somers suffered devastating injuries.”
Somers, who was 29 at the time, was not wearing a seatbelt, a fact that led the defendants to assert Somers should be found 25 to 30 per cent liable for his injuries.
The defendants said Somers chose to ride in the Ford when he knew or ought to have known that MacLellan was impaired. Each man also claimed the other was driving, with Justice Tucker ultimately concluding MacLellan was behind the wheel.
“I readily conclude that neither Mr. Somers nor Mr. MacLellan is generally worthy of belief,” Tucker said. “Suffice to say that I am satisfied that both came to court prepared to lie in support of their positions.”
Tucker ruled 25 per cent of the liability rested with Somers for failing to wear his seatbelt. The other 75 per cent should be borne by MacLellan, said the judge.
The major parts of the damages award to Somers included $3.10 million for loss of past and future earning capacity, $439,000 in non-pecuniary damages, $469,486 for supplies, almost $120,000 in special damages and $276,000 in home support.
