Judgement in Baragar v. Bowers (2024 BCSC 1656) was recently issued on September 6, 2024. This case concerned a plaintiff, Darcy Baragar, who was rear-ended in January 2018 while driving his Volkswagen Jetta, resulting in significant injuries. At the time, Baragar, a truck driver and certified welder, was on his way to a welding project at Crofton Mill. The defendant, Trevor Bowers, argued that the accident was unavoidable, but Justice Hoffman found Bowers solely liable for failing to keep a proper lookout despite driving on a well-lit highway.

Baragar’s injuries included a concussion and long-term post-concussive symptoms, which severely impacted his ability to work in physically demanding roles, such as welding and metal fabrication. Before the accident, Baragar had secured employment with Seaspan, a shipbuilding company, which offered stable work and strong benefits. However, due to his injuries, he was unable to continue working at Seaspan or in similar physically demanding jobs. The court accepted the testimony of medical experts that Baragar’s symptoms were unlikely to fully resolve, affecting his long-term work capacity.

The court awarded $778,870.20 in total damages. This included $233,796 for past income loss and $283,000 for future loss of earning capacity, calculated using a capital asset approach. The court recognized that, absent the accident, Baragar would have likely continued in a well-paying position at Seaspan or a similar job. Additionally, $28,237 was awarded for future care costs to cover therapy and necessary medical treatments. The court’s findings on Baragar’s work history and the physical nature of his previous jobs played a critical role in determining his future earning capacity.

Please note this brief summary is provided for informational purposes only, and ought not to be relied upon for legal purposes.