A B.C. Supreme Court judge has awarded a woman $5.5 million for ongoing care after she was left with a severe brain injury after being hit by a vehicle in 2018 in Central Saanich.
Tracy Ann Ward, 48, was struck from behind by a Jeep Cherokee driven by Anthony Thomas on Central Saanich Road Aug. 27, 2018 as she walked with her sister, Kim, and their dogs.
Kim and her dog Finn were killed on impact and Tracy was taken to hospital with severe, life-threatening injuries including brain trauma that left her with no sight in one eye and half her body paralyzed.
In a criminal trial, court heard that Thomas — later determined to be under the influence of a “toxic” cocktail of drugs including methamphetamines, amphetamines and a benzodiazepine — veered out of his lane, across oncoming traffic before hitting the sisters and their dogs.
Thomas was found guilty of all six counts against him including impaired driving causing death, impaired driving, dangerous driving, and having a blood drug concentration of meth in excess of any limit. He has not yet been sentenced.
The sisters’ mother, Ellen Ward, launched the lawsuit on her daughter’s behalf earlier this year against Thomas, Aggatha Siah, a woman who had signed a purchase agreement to buy the Jeep, and Harris Victoria Chrysler Dodge Jeep Ram Ltd., where the Jeep was being purchased from at the time of the collision.
Siah and the car dealership were named in the suit because Siah was in the process of completing a financing agreement with Harris to own the Jeep, however, her financing had not yet been approved at the time of the crash, the judge stated. Despite that, she was permitted to take the Jeep home while waiting for approval.
Siah argued that while she had the Jeep, Thomas was using it without her express or implied consent when the crash occurred.
Justice Brenda Brown ruled that Harris was still in ownership of the vehicle at the time of the crash, and because of that it was “vicariously liable” and ordered to pay the $5.5 million, while Siah was not found liable for damages.
The judge also found that while Harris did not consent to Thomas driving the Jeep, it expected others beyond Siah would drive the vehicle.
Though the dealership countered that it wouldn’t have permitted Thomas to drive knowing he was under the influence,
“The thrust of Harris’ argument is that Mr. Thomas was intoxicated by drugs and so fatigued that it was obvious that he should not be driving,” Brown wrote. “Had this been brought to Harris’ attention, Harris would not have consented to Mr. Thomas driving the Jeep. Again, it is my view that s. 86 does not extend to circumstances unknown by those giving the keys to Mr. Thomas.”
A third party named in the suit, Farrah Sylvester, Siah’s partner, was also found not to be liable in the suit.
CHEK News
