A British Columbia judge has awarded the surviving victim of a 2018 crash in Central Saanich nearly $5.5 million in damages.
The decision – which was issued on Thursday and published online on Friday – stems from the crash which killed Kim Ward, 51, and left her then 48-year-old sister Tracy with “catastrophic injuries”.
Anthony Leslie Jonathan Thomas, then 26, was driving a new Jeep Cherokee that belonged to Harris Victoria Chrysler Dodge Jeep Ram Ltd. but was given to Aggatha Siah — a family friend of Thomas — while her financing to purchase the vehicle was pending.
In March, Thomas pleaded guilty to the six charges against him, including impaired driving causing death and impaired driving causing bodily harm.
His sentencing hearing was scheduled for June 15 and 16. A sentencing decision has not yet been released.
The decision issued Thursday involves a civil action between Tracy Ward and her mother and legal guardian, Ellen Ward, the plaintiffs, and Thomas, Sia and Representation, the defendants.
RESPONSIBILITY
British Columbia Supreme Court Justice Brenda Brown found that Thomas, as the person driving the vehicle, was responsible for Tracy Ward’s injuries. She also concluded that Siah was not yet the legal owner of the SUV, which still belonged to the dealership, making the dealership vicariously liable for the damages.
Harris Victoria tried to argue that Sia owned the SUV or, alternatively, that she had not consented to Thomas driving the vehicle.
Brown rejected both arguments, concluding that the motor vehicle purchase agreement relied on by the dealer as proof that Siah owned the vehicle was never intended to be a binding agreement.
In his ruling, the judge described the process that led to Siah signing the agreement, noting that Harris Victoria had a policy that encouraged one-day transactions, allowing buyers to walk off the lot with their new vehicles.
Sometimes, when financing, registration and insurance details can’t be completed in one day, the dealership allows buyers to take the vehicles they want anyway in the form of an extended test drive.
While Harris Victoria argued that the purchase agreement signed by Sia required her to pay the full price for the vehicle even if financing could not be secured, officials who testified in the case indicated that the agreement was intended only to a temporary measure to make it easier for her to leave the parking lot in the SUV.
“Harris employees and representatives acknowledged that Ms. Siah would have understood when she signed (the motor vehicle purchase agreement) that she would only purchase the Jeep if acceptable financing was arranged,” Brown wrote in her decision.
“If Harris is correct that the MVPA constitutes a binding agreement, then that agreement is unconscionable and void.”
CONSENT
Likewise, the judge concluded that the car dealership’s policy of extended test drives constituted an implied agreement that Thomas could drive the vehicle. She noted that Thomas often drives for Sia’s family members and thus falls into the category of people the company would reasonably expect to drive the SUV during the test drive period.
“If Ms. Sia asks Harris when she acquired the Jeep or when Mr. Thomas would drive the Jeep, whether a family member who regularly drives the family vehicles to run errands, who is 25 years old, an experienced driver with full driver’s license, could drive the SUV, Harris would say “sure,” Brown wrote.
“Harris wants people to drive their cars. It is in their best interest to allow a potential customer to take a car for an extended test drive, leaving the dealership with the vehicle overnight. The dealership places no restrictions on who can drive the vehicle in these circumstances.”
That Thomas was operating on minimal sleep and consuming Xanax and methamphetamine prior to getting behind the wheel was not something that was apparent to those around him prior to the crash and therefore cannot be used retroactively as a justification for refusal of the dealer’s implied consent,” Brown added.
DAMAGE
Most of the $5.49 million in damages for which Thomas and Harris Victoria are liable stem from future care costs for Ward, who suffered a traumatic brain injury in the collision and has been living in a long-term care home since her afternoon crash hospitalization is over.
Brown awarded nearly $4 million in damages to cover the costs of future medication, transportation and medical care for Ward.
She also ordered those responsible to pay $550,000 for Ward’s loss of future earning capacity, $414,000 in non-property damages, $333,235.55 in special damages and $195,600 for income Ward has already lost due to the crash .
Add Comment