A judge has awarded over $700,000 in damages to a Richmond man who was struck by a car while crossing the road three years ago.
According to a B.C. Supreme Court judgment released Dec. 20, Joseph Ho, a retired bank manager and real estate agent, was awarded $763,393.41.
“The award should be sufficient to ensure that he can live as complete and independent a life as reasonably attainable through an award of damages,” wrote Justice Trevor Armstrong.
The driver and defendant, Kam Cheung Ip, admitted liability, according to the judgment. The trial, which took place in April in Vancouver, was to assess Ho's damages.
On Dec. 24, 2016, Ho was walking to the bus stop after shopping at Rona Building Supplies, near Alderbridge and Elmbridge ways, when he was hit by a car on his left side.
Ho, who was 76 years old at the time of the accident, was crossing a crosswalk on a “walk” signal when he was struck.
Ip stayed at the scene, according to the court documents.
“He (Ho) said he was in extreme pain with fractures to his pelvis, knee and back,” read the documents. “He said any small movement he made caused a stab-like pain. He said, at that time the pain was at a level of 10/10.”
Ho had a mild concussion and his pelvis, left knee and vertebrae were fractured as a result of the accident. The documents note that Ho was also “vulnerable to having increased cognitive symptoms” as he had previously suffered a traumatic brain injury approximately 10 years ago.
Ho was first taken to Richmond hospital, but was later transferred to the intensive care unit at Vancouver General Hospital “because of a serious setback in his health,” according to the judgment.
He had surgery performed on his pelvis and was returned to Richmond hospital. In total, Ho was in hospital for 48 days following the accident.
Ho, who is originally from Hong Kong and has lived in Richmond since 1985, used to travel and explore the Lower Mainland by car, bus and on foot, according to the court documents.
He also participated in ballroom dancing – for example, the jive and the Lindy Hop – twice a week prior to the accident with his dance partner, who was called after Ho was transported to Richmond hospital and acted as Ho’s caregiver since the accident.
Ho and his dance partner, who was in her mid-60s at the time of Ho's accident, had known each other since 1995, and he used to regularly help around her house with repairs and garden work, according to the judgment.
But the judgment notes that since the accident, Ho hasn’t been able to engage in any of these activities “largely due to the injuries stemming from the collision.”
At the trial, Ho’s dance partner told the court she would visit Ho five to six days per week for six to eight hours at a time following the accident.
Ho told the court that his thinking is slightly slower since the accident, and he is not able to read as regularly as he used to. He also said he walks more slowly because of pain in his pelvis, which worsens the longer he walks, according to the documents.
A doctor told the court that Ho’s overall quality of life has been impacted because of the accident and he is at risk of developing osteoarthritis.
Armstrong ordered Ip to pay Ho $373,157 to cover future care costs, including physiotherapy, housekeeping, assisted living and mobility aids.
Ho was also awarded, for example, $280,000 in non-pecuniary damages and $85,000 in trust for care provided by his dance partner.
