A Surrey longshoreman and single father of four was recently awarded more than $600,000 by the B.C. Supreme Court after the vehicle he was driving was struck nearly head-on.
On Dec. 5, 2017, Homan was driving his children home from school when his minivan was struck at the intersection of 138th Street and 74th Avenue by an oncoming vehicle turning left in front of him. The vehicle was driven by Gauravjeet Modi, who was found to be 100% at fault for the collision, as Homan had right of way.
While Homan was not hospitalized after the car accident, he did experience pain in his neck, shoulders, and back, as well as headaches. Homan received medical attention in the days after the accident, and underwent physiotherapy, chiropractic therapy, as well as trigger point injections for chronic pain.
While Homan was able to continue to work as a longshoreman, his injuries have persisted, resulting in him being unable to participate in certain activities with his children, including going camping and any sports with sudden, repetitive movements. Homan also testified that he found it difficult to maintain his home as a result of his injuries and was now unable to assist his father with farm work on his hobby farm.
Medical Expertise Weighs In on the Surrey Longshoreman Accident
Medical expert Dr. David Koo conducted an independent medical examination of Homan and testified Homan’s ongoing injuries as a result of the accident include soft tissue injuries to the spine and neck, migraines, mild depression, chronic pain, and pain-related sleep disruption.
Koo stated that Homan’s ongoing injuries reduce his long-term durability as a full-time longshoreman and will likely require him to consider reducing to part-time employment or retiring earlier than he otherwise would have, had he not sustained injuries in the accident.
Neurologist Dr. David Cameron also provided testimony that his conclusion is that Homan’s injuries from the car accident have rendered him partially disabled.
Koo observed that Mr. Homan’s pain symptoms are aggravated by working, however, Homan stated that as a single parent with four children, he must work out of financial necessity.
The Legal Outcome of the Surrey Longshoreman Accident
Sports physician Dr. Christopher Watt determined Homan is fit to work as a longshoreman, but only on an accommodated basis, because he no longer meets the physical demands of this position. As a result, Homan is only able to tolerate light physical demands, and his employability as a longshoreman has been “significantly and adversely affected because of the injuries sustained in the accident.”
Justice Bill Basran found that Homan’s return to work was likely premature as a result and based on financial need.
“Mr. Homan is stoic and has done his best to get on with his life and care for his family,” said Basran in his judgement. “I will not penalize him for understating and minimizing the extent of his injuries and their impact on him.”
In total, Basran awarded Homan $636,489 for loss of future income-earning capability, past loss income earning capability, cost of future care, non-pecuniary damages, and special damages.
Moving Forward: Surrey Longshoreman’s Life Post-Accident
In deciding the damages owed to Homan, Basran concluded that Homan’s loss of future earnings would be close to $400,000, calculated using a sliding scale reduction of 5% to 40% in earning potential as he gets older, based on his current income of close to $150,000 annually. Basran also awarded Homan $30,212 for past loss of earning capacity.
In awarding $72,752 for costs of future care, Basran included the cost of future physical therapy and psychologist visits as well as costs for assistance with home maintenance. Basran also awarded Homan $130,000 in non-pecuniary damages for pain and suffering.
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