The Bradley vs. Bath decision was released by the British Columbia Supreme Court in Vancouver on August 5, 2008.

On December 3, 2003, 23-year old Ryan Bradley was riding his bicycle to his brand new job. He was riding on the sidewalk and not wearing a helmet. As he crossed the exit of a gas station, he was suddenly struck on the left leg by a Mercedes exiting the gas station. He was knocked off his bicycle and was thrown approximately 15 feet into the centre lane of the street. He landed on his right hip and struck his head against the pavement.

Mr. Bradley did not lose consciousness and neither the police nor an ambulance was called. He left the scene and telephoned his boss who came to pick up.  At the worksite, an ambulance was called and he was taken to the Emergency Room at the Richmond General Hospital.  He received sutures in his head and shin. An X-ray of his left tibia was taken, but did not reveal any significant injuries. The ER report noted that there was soft tissue injury over the anterior leg and ankle.

Two weeks later the sutures were removed and Mr. Bradley was diagnosed with ankle sprain and advised to stretch, apply heat, use over-the-counter anti-inflammatory pills, and consider attending physiotherapy. Over the next six months, Mr. Bradley attended eight physiotherapy sessions. However, he continued to complain of left leg pain. He had still been unable to return to work as a carpenter as a result of the pain.  Over the next few years, he would continue to experience severe ankle pain and was very limited in the amount of work he could perform.

Mr. Bradley hired a Vancouver car accident lawyer and sued the driver of the Mercedes for negligence causing bodily injury.

At trial, the defence disputed liability because they argued that Mr. Bradley was riding on the sidewalk illegally. However, the court found that the accident was not caused by Mr. Bradley driving on the sidewalk, but rather because the driver of the motor vehicle failed to look to his right before exiting the gas station driveway. Thus, the court ruled that the driver was 100% liable for the accident. 

The court awarded Mr. Bradley the following damages:

• $75,000 – General dames for pain and suffering
• $185,604.40 – Lost past wages
• $72,526 – Lost future wages
• $80,000 – Loss of Earning Capacity
• $73,078 – Cost of Future Care
• $2,811.45 – Special Damages

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