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

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

Chemainus Secondary School 2021 graduate Nina Bumstead. (Photo by Don Bodger)
Grad ceremony proceeds, with a twist

Red carpet outside works out well for Chemainus Secondary’s Class of 2021

The Crofton trailer park home where the bodies of two people were found. (Photo by Don Bodger)
Mom still waiting for answers after daughter and her fiance found dead in Crofton

Pair discovered dead in their Crofton home in May identified as Rachel Gardner and Paul Jenkins

Chemainus street signs now contain Hul’qumi’num translations, like this one at the corner of Willow and Legion Streets. (Photo by Don Bodger)
Street signs go up in the Hul’qumi’num language

Chemainus intersections feature direct translations

FILE – Perry Bellegarde, National Chief of the Assembly of First Nations, takes part in an event on Parliament Hill in Ottawa on Tuesday, July 7, 2020. THE CANADIAN PRESS/Sean Kilpatrick
Indigenous Peoples Day must be a ‘call to action’, says Assembly of First Nations chief

Discovery of children at Kamloops residential school site must lead to change, Perry Bellegarde says

CVRD to increase enforcement after audits reveal that curb-side recycling contamination in the district is well above acceptable limits. (File photo)
CVRD reports contamination in recyclables well above acceptable levels

Increased enforcement planned starting this summer

The border crossing into the United States is seen during the COVID-19 pandemic in Lacolle, Que. on February 12, 2021. THE CANADIAN PRESS/Paul Chiasson
VIDEO: Border quarantine to soon lift for fully vaccinated Canadians

Eligible travellers must still take multiple COVID-19 tests

Skeena MLA Ellis Ross. (Photo by Peter Versteege)
BC Liberal leadership candidate condemns ‘senseless violence’ of Okanagan church fires

Skeena MLA Ellis Ross says reconciliation isn’t about revenge for past tragedies

A coroner’s inquest will be taking place at the Capitol Theatre in Port Alberni for the next week. (ELENA RARDON / ALBERNI VALLEY NEWS)
Teen B.C. mom who died following police custody recalled as ‘friend to many’

Police sent Jocelyn George to hospital after intoxication had gone ‘beyond the realm’ of normal detox

FILE - In this Nov. 29, 2020, file photo, Las Vegas Raiders defensive end Carl Nassib leaves the field after an NFL football game against the Atlanta Falcons in Atlanta. Nassib on Monday, June 21, 2021, became the first active NFL player to come out as gay. Nassib announced the news on Instagram, saying he was not doing it for the attention but because “I just think that representation and visibility are so important.” (AP Photo/John Bazemore, File)
Nassib becomes first active NFL player to come out as gay

More than a dozen NFL players have come out as gay after their careers were over

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Penticton Indian Band Chief Greg Gabriel speaks to the Sacred Hearts Catholic Church burning down early Monday morning, June 21, 2021. (Monique Tamminga Western News)
Penticton band chief condemns suspicious burning of 2 Catholic churches

Both Catholic church fires are deemed suspicious, says RCMP

COVID-19 daily cases reported to B.C. public health, seven-day moving average to June 17, 2021. (B.C. Centre for Disease Control)
B.C.’s COVID-19 infections drop to 90 on Sunday, 45 Monday

Pandemic spread dwindles as 77% of adults receive vaccine

Emergency vehicles are parked outside of the Wintergreen Apartments on Fourth Avenue. (SUSAN QUINN / Alberni Valley News)
Port Alberni RCMP investigate stabbing on Fourth Avenue

Two men were found with ‘significant’ injuries near Wintergreen Apartments

By protesting uninvited in First Nations’ territories, conservationists are acting in a neocolonial or paternalistic manner, says Huu-ay-aht Chief Robert Dennis. Photo by Heather Thomson
A closer look: do Vancouver Island First Nations support the war in the woods?

First Nations/environmentalist old growth alliance uneasy, if it exists at all

Most Read