The Chowdhry vs. Burnaby (City) court decision was released by the British Columbia Supreme Court in Vancouver on October 10, 2008.

On August 19, 2005, Shanker Chowdhry, than age 64, was driving his Honda Civic north on Cariboo Road in Burnaby. While driving, he was speaking on his cell phone with his wife when suddenly he saw a City of Burnaby garbage truck coming toward him around a curve at high speed and out of control.

Mr. Chowdhry saw the garbage truck was tipping over toward him and drove to the extreme right of the road. He tried to get out the passenger door but before he could do so the garbage truck fell on his vehicle, crushing the driver’s door and the left front wheel area and smashing the windshield.

Mr. Chowdhry was extracted from his vehicle by paramedics and taken by ambulance to Royal Columbian Hospital. He suffered soft tissue injuries to his neck, back and left shoulder and an injury to a finger requiring a splint.  He was discharged from the hospital the same day, but came back the next day because of dizziness, nausea, vomiting and headaches which he said were getting worse.  He was subsequently diagnosed as having suffered a mild traumatic brain injury and post traumatic stress disorder caused by the car accident.

Mr. Chowdhry hired B.C. brain injury lawyers and sued the City of Burnaby for damages caused by the accident.

At trial, Mr. Chowdhry’s family doctor testified that Mr. Chowdhry was catatonic for six months after the accident and made very poor, very slow progress.  His relatives testified that he suffered a major personality change following his accident.

After reviewing all the evidence, the court found that Ms. Chowdhry suffered physical and psychiatric injury as a result of the accident. In addition the court found that Mr. Chowdhry probably suffered a mild traumatic injury to his brain at the time of the collision. The judge stated as follows: “I accept that he will likely continue to have problems and symptoms from his PTSD and depression for the rest of his life. I find that it is highly unlikely that Mr. Chowdhry will be able to return to his employment”

As a result, the court awarded Mr. Chowdhry with the following damages:

• $200,000 – General Damages for Pain and Suffering
• $46,000 – Past lost income
• $122,175 – Future lost income (to be supplemented)
• $4150.19 – Prescription Medication
• $6155.45 – Special Damages
• $9432 – Future Care Costs
• $20,000 – Trust claim for Mr. Chowdhry’s wife for the care she provided him

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