British Columbia woman receives $1.4 million after car accident

A British Columbia Supreme Court judge awarded $1,468,051 in damages to a woman who suffered life-changing injuries in a 2020 Vancouver accident.

Annette Nolan was injured on September 23, 2020, while crossing a street at an unmarked crosswalk at the corner of Harwood and Thurlow Streets, Judge Murray Blok said in his July 5 decision.

“She was hit by a vehicle driven by the defendant Pierre Kohl,” Blok said.

“Ms Nolan’s injuries have changed her life,” the judge said. “She was a 37-year-old woman in permanent employment, who was active and vibrant, and is now effectively housebound, unable to work and with highly uncertain future prospects.”

Before the impact, Nolan looked to the right and saw a blue car in the lane next to her and a red/burgundy car behind it, the verdict states.

She said the blue car stopped to let her cross.

“She was three-quarters of the way across the street when she saw a red and burgundy colored car hood, which she described as ‘a flash coming toward my leg,'” Blok said. “She was struck in her right hip and thrown into the air. She struck the right side of her head on impact.”

Kohl testified that he was driving south on Thurlow Street. As he approached Harwood Street, he saw a car stop on Thurlow Street toward Harwood. He said he “didn’t remember a car driving in front of me,” meaning in his lane.

He said as he approached the stationary car, Nolan walked past the stationary car. Then “he slammed on his brakes, skidded and hit her.”

Kohl acknowledged that it had not occurred to him that the blue car had stopped to allow a pedestrian to cross. He argued that Nolan had failed to ensure her own safety by not stopping in front of the stopped vehicle and checking that it was safe to cross.

Blok said he considered both Nolan and Kohl to be credible witnesses.

The judge found that Nolan had taken reasonable steps to ensure her safety.

“I conclude that the defendant in this case bears full responsibility for the collision,” the judge wrote.

Nolan said she had hip, ankle and back pain, severe and constant neck pain, constant headaches, eye pain, sensitivity to noise and light, tinnitus, and dizziness and balance problems.

Blok said Nolan, a senior administrative assistant in UBC’s finance department, has not worked since the accident and her social life is nonexistent.

A psychologist testified that Nolan’s “post-accident struggle is compounded by loneliness, social isolation, a limited and lengthy recovery, the medicalization of life, persistent functional limitations, daily stresses and little local social support.”

A clinical consultant said Nolan complained of forgetfulness, problems retaining information, difficulty comprehension, problems with sensory processing and organizational difficulties.

Other witnesses reported PTSD, anxiety, depression, sleep disturbances and symptoms of post-concussion syndrome.

Nolan had sought damages of $5,645,901, while Kohl proposed a maximum amount of $747,239.