The Honourable Madam Justice D. MacDonald presided over Federico v. Viveros (2024 BCSC 1689), with judgment released on September 11, 2024. The plaintiff, Ida Federico, was involved in a motor vehicle accident on January 2, 2018, where the defendant, Carlos Riascos Viveros, collided with her vehicle in Vancouver. Liability was admitted by the defendant, and the case focused on the extent of Ms. Federico’s damages, including both physical and psychological injuries.

Ms. Federico suffered from myofascial pain, headaches, and Post-Traumatic Stress Disorder (PTSD) as a result of the accident, as well as depressive symptoms and panic attacks. While she experienced some improvement through therapy, her symptoms, particularly the psychological ones, were expected to persist long-term. Medical experts testified that her prognosis for a full recovery was poor, especially given her chronic pain and emotional impairments.

The court concluded that Ms. Federico’s injuries were directly caused by the accident – awarding  $190,000 in non-pecuniary damages for chronic pain, PTSD, and their effects on her family and professional life.

Prior to the accident, Ms. Federico earned between $76,783 and $94,028 annually while working for Gallo Wines. After the accident, her physical and psychological challenges diminished her motivation and productivity, although she continued working for over two years post-accident without a significant income reduction. When she transitioned to real estate after being laid off during the COVID-19 pandemic, her earnings dropped, partially due to anxiety and mental health struggles. The court awarded $20,000 in damages for her diminished earning capacity in 2022 and 2023, with an additional $7,500 for 2024. For future loss of earning capacity, expert testimony suggested that her PTSD could trigger relapses, further limiting her work potential. The court estimated her future loss at $400,000, accounting for a 30% reduction in her earning potential until retirement at age 65.

This brief summary is provided for informational purposes only and should not be relied upon for any legal purpose.