Thumb injury gets $136,542

A man whose thumb was broken three years ago when his bicycle was struck by a car in South Surrey has been awarded $136,542.25 in damages.

A man whose thumb was broken three years ago when his bicycle was struck by a car in South Surrey has been awarded $136,542.25 in damages.

The judgment in favour of 20-year-old Teodor Dobre was made Oct. 4 in B.C. Supreme Court in New Westminster, following a three-day trial in August.

According to court documents, Dobre suffered a fracture at the base of his right thumb, where it joins the wrist, in the July 14, 2008 incident. He was riding across Martin Drive in the crosswalk at Southmere Crescent when a westbound Toyota Matrix hit the rear wheel of his bike, court documents state. The impact sent Dobre “flying high into the air.” Putting his hands out to cushion his landing, Dobre came to rest face down on the pavement.

In his reasons for judgment, Justice N. Brown notes Dobre testified he looked both ways and pushed the button to activate the flashing pedestrian-crossing lights before venturing off the curb. The defendant – identified as Leanne Langley – testified she never saw any warning lights, and didn’t see Dobre until after the impact, something Dobre argued shows she was not paying attention, the Brown notes.

A witness testified that he saw no evidence of evasive action on Langley’s part, the judgment notes.

While Brown found both Dobre and Langley credible, he notes Langley’s assertion that she didn’t see any warning lights wasn’t enough to convince the court that Dobre didn’t activate them.

“Her evidence on this point deserves considerable weight, but her failure to see Mr. Dobre before impact substantially weakens it,” Brown writes. “As she was completely oblivious to his presence until after impact, she was just as likely to miss seeing the lights.”

Brown found Dobre partially liable for the incident, which left him with a permanent disability that has reduced his career options and will translate into arthritis as he ages. Brown reduced the award by 15 per cent – to $116,060.91 – to reflect that responsibility.

 

 

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

16500-block of 24 Avenue. (Google image)
Council pushes forward applications for 400-plus dwellings in South Surrey

Loss of trees, pressure on schools cited by public, council members as areas of concern

Protestors at the Cloverdale Fairgrounds show their support for farmers in India Dec. 5, 2020. Hundreds gathered at the fairgrounds before driving in a convoy to the Indian consulate in Vancouver to protest three new laws they say will negatively impact farmers in India. (Photo: Jason Sveinson)
Protest in support of Indian farmers planned for Cloverdale

Surrey Challo event described as ‘a cultural awakening & lively protest’

The Anti-Racist Coalition Vancouver started a petition calling on B.C.’s education officials to make Black Shirt Day official. The inaugural event in solidarity with Black and racialized Canadians takes place on Friday, Jan. 15. (Screenshot/Change.org)
Surrey students, staff to take part in first-ever Black Shirt Day

Special day in ‘recognition of the struggle for civil rights fought by Black and racialized Canadians’

B.C. Supreme Court in Vancouver. (File photo: Tom Zytaruk)
Surrey, Langley twin brothers who own companies together battle in court

Presiding judge described Surrey resident Kerry Hawley and Langley resident Kelly Petersen as ‘self-made successes’

The COVID-19 test centre at Peace Arch Hospital is located on the building’s south side. (File photo)
Peace Arch Hospital staff did not jump COVID-19 vaccine queue: Fraser Health

Director who received leftover dose defined as ‘priority staff’ member

A woman wears a face mask and shield to curb the spread of COVID-19 while walking in North Vancouver, B.C., on Wednesday, January 6, 2020. THE CANADIAN PRESS/Darryl Dyck
536 COVID cases, 7 deaths reported as B.C. find its first case of South African variant

Henry said 69,746 people have received their first dose of the COVID vaccine.

Alan Davidson was sentenced to almost six years for abusing seven boys in the late 1970s and early 1990s. (Canadian Press file)
Full parole granted to former Mountie, sports coach convicted of sex abuse of boys

Alan Davidson convicted of abusing boys in B.C. and Saskatchewan in late ’70s, early ’90s

Letisha Reimer died Nov. 1, 2016 after being stabbed at Abbotsford Senior Secondary.
No evidence that killer was in ‘psychotic state’ during Abbotsford school stabbing: Crown

Second day of closing arguments at ‘not criminally responsible’ hearing for Gabriel Klein

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

The first COVID-19 vaccine arrives in B.C. in temperature-controlled containers, Dec. 13, 2020. (B.C. government)
More vaccine arrives as B.C. struggles with remote COVID-19 cases

Long-term care homes remain focus for public health

The first Pfizer-BioNTech COVID-19 vaccine dose in Canada is prepared at The Michener Institute in Toronto on Monday, Dec. 14, 2020. THE CANADIAN PRESS/Frank Gunn
Doses of COVID-19 vaccine expected in 60 B.C. First Nations by next week

B.C. has allocated 25,000 doses of COVID-19 vaccine to First Nations for distribution by the end of February

Kamloops-South Thompson MLA Todd Stone questions the NDP government in the B.C. legislature, Feb. 25, 2020. (Hansard TV)
Todd Stone says he’s not running for B.C. Liberal leadership

Kamloops MLA was widely viewed as a front-runner

Wireless voice and data services are out for those on Telus as of Thursday (Jan. 14) afternoon across Western Canada, Telus Support said in a recent Tweet. (Black Press file photo)
UPDATE: Telus services restored across Western Canada

Telus said they are monitoring the situation to ensure connections remain stable

Most Read