Judge awards largest punitive damage award in B.C. pedestrian crash: lawyer

A woman was awarded $100,000 for punitive damages in addition to more than $2M for general damages

A lawyer says his client has been awarded the largest amount ever by a Canadian court for punitive damages linked to a motor vehicle accident.

Veronica Howell was hit by a pickup truck while she was jay-walking across a Vancouver street in January 2014. She suffered a brain injury and other injuries that the B.C. Supreme Court says “changed her life dramatically.”

Howell, who was 22 at the time of the accident, was awarded $100,000 for punitive damages in addition to more than $2 million for general damages and loss of income.

Howell’s lawyer, John Rice, said the punitive award is the largest he could find involving a vehicle accident.

“I couldn’t find a single case in the hit-and-run context,” he said in an interview Tuesday. “There had been drunk-driving contexts and others, and punitive damages awards in the tens of thousands of dollars. I think I saw one for $35,000, but this is drastically higher than any one in the past.”

The court found the pickup driver, who was suspended from driving, was on the wrong side of the road when he passed stopped traffic and struck Howell.

The court ruling said Leon Machi drove off afterwards and failed to co-operate with Vancouver police and the Insurance Corporation of British Columbia during the investigation. Machi claimed he was not the driver and someone named Michael had been using his truck.

READ MORE: Hit and run, luxury style, near Qualicum Beach

Justice Heather MacNaughton ruled the evidence Machi provided under oath was not credible.

“Mr. Machi’s actions are worthy of denunciation and retribution,” she wrote in her decision, dated Oct. 12.

The punitive damages take into account that he didn’t stop after the collision and had ”shown complete disregard for the suspensions of his driver’s licence,” MacNaughton said.

Rice said the judgment sends a message to the public that reckless behaviour and contempt of the law will not be tolerated.

Howell was found to be 25 per cent responsible for the accident, which reduced the total damages she was awarded.

The court’s decision noted that Machi filed for bankruptcy before the trial started.

Rice said it’s unclear how much Howell will successfully collect.

“The hope is that at least the punitive damages award would survive any bankruptcy declaration and that she would remain a creditor for that punitive damages award.”

Linda Givetash and Beth Leighton, The Canadian Press

Like us on Facebook and follow us on Twitter.

Just Posted

New 84-unit seniors housing in Saanich constructed to Built Green standards

Mount Doug Manor an example of Built Green on a big scale

UPDATED: Bail conditions released for Esquimalt man facing multiple sexual assault charges

71-year old Kit Wong practiced acupuncture from his home during the time of the assaults

Victoria police seize over one kilo of fentanyl, guns and cars

Andrew Ritch is facing charges of drug trafficking and firearm offences

UPDATE: Missing Langford teen found safe

The 13-year-old Langford boy reported missing Wednesday has been found

Tour de Victoria rolls through the region Saturday

Expect traffic delays across Greater Victoria on Aug. 18

Kim XO is Black Press Media’s fashionista

Starting Sept. 7, stylist Kim XO will host Fashion Fridays on the Life channel on Black Press Meida

Minister optimistic after 2 days of Columbia River Treaty negotiations

Canadian and U.S. officials met in Nelson Wednesday and Thursday to discuss future of the treaty

Man dies in B.C. police cell while awaiting court hearing

An independent investigation is underway after a man died while in Penticton police custody Aug. 16

RCMP appeal for tips, dashcam footage in German tourist shooting west of Calgary

The Durango crashed into the ditch after the shooting near the Goodstoney Rodeo Centre

2 nurses attacked at B.C. psych hospital, union calls for in-unit security

PHSA says that in-unit guards would do more harm than good

Former B.C. optician won’t be jailed for sexually assaulting minor

Kenneth Pilkington sentenced to 24 months’ probation for offence three decades ago

Saanich teen takes her karate skills onto the world stage

National champion Olivia Brodie will compete at the 2018 Junior Pan-American Karate Championships

Red Cross now accepting donations for those impacted by B.C. wildfires

The Canadian Red Cross is asking for help now and in the weeks and months ahead.

B.C. program to educate parents reduces ‘shaken baby syndrome’ by 35%

Period of PURPLE Crying was launched nearly a decade ago

Most Read