A B.C. Supreme Court Judge has awarded a woman who was struck down by an SUV at a Surrey crosswalk nearly half a million dollars in damages.
Xuan Han, 38, had sought $1,239,219 but Justice Frits Verhoeven decided $462,912 was appropriate to cover the cost of future care, loss of earning capacity and other expenses resulting from damages.
Han had been walking home from her job as a credit card salesperson at Canadian Tire on the evening of Nov. 23, 2008 when a Mazda Tribute SUV driven by Harbeen Chahal struck her in a marked crosswalk across 72nd Avenue, at 126th Street in Newton.
Han sued Harbeen and her dad Jagdish Chahal, the SUV's owner. The court heard she suffered from fractured bones, chronic pain and depression and was in Surrey Memorial Hospital for nine days, then at the Laurel Place convalescent unit for six weeks.
"Ms. Chahal was unquestionably negligent in striking Ms. Han," Verhoeven found.
The counsel for the defendants argued Han should have been wearing reflective clothing, because it was nighttime, and that she should have tried to make eye contact with driver.
"I conclude that at the time she left the curb there was absolutely no reason for the plaintiff to be especially concerned for her safety in relation to the defendant's vehicle," Verhoeven said. "She was aware of the defendant's vehicle on the other side of the intersection, but was entitled to assume that the defendant would obey the law and yield the right of way to her."
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