A B.C. Supreme Court judge has awarded a man $3.2 million in damages in the wake of accidents in 2017 and 2018 that left him with multiple injuries.
Sandeep Poonia claimed $7.4 million in damages for injuries he suffered in the accidents.
The first accident happened Feb. 12, 2017, when Poonia was driving on Westminster Highway. The accident was a T-bone type of collision, and his vehicle sustained significant damage.
“The plaintiff has very little memory of the accident,” Justice Scott Morishita said in his July 14 decision.
The second accident took place Dec. 22, 2018, and was also a T-bone collision. The decision does not state the location of the second incident.
Liability for the incidents was admitted by defendants Cordell Yazzie and Rozalie Yazzie, Morishita said.
Poonia said the first incident left him with a mild traumatic brain injury (MTBI), injuries to his neck and back, depression, post-traumatic stress disorder and anxiety.
“These injuries, the plaintiff alleges, have caused him to experience headaches, tinnitus, dizziness, light and sound sensitivity, sleep disruption, cognitive and memory issues, and significant personality changes,” Morishita said.
Poonia said he suffered no new injuries or symptoms as a result of the second incident. Rather, he claimed, the second accident aggravated the earlier injuries and symptoms.
He said the first accident led to the loss of a lucrative consulting contract; loss of opportunities to invest in and gain income from real estate development and other business ventures; and his need to hire others to do work that he can no longer complete due to cognitive impairments and personality changes.
The judge said the main areas of disagreement were the diagnosis and prognosis of Poonia’s injuries; the impact of his injuries on his ability to work and take advantage of business opportunities; the likelihood of those business opportunities materializing and being financially successful; and his future care needs.
The defendants acknowledged Poonia was injured in the accidents but said he did not sustain an MTBI.
They argued he has other health conditions that could impact his functional abilities and longevity. They claimed he had not followed treatment recommendations, and he would experience significant improvement should he do so.
“Regarding income loss, the defendants submit that much of the claim for lost business opportunities is speculative, and that regardless of the accidents, the plaintiff would have needed to hire additional staff as his businesses grew,” Morishita said.
The defendants suggested an award of $570,913 to $990,913.
In making the award, Morishita found Poonia suffered the MTBI; soft tissue injuries to the neck, back, and left shoulder; post-traumatic headaches; persistent dizziness; tinnitus; central auditory processing disorder; depression; PTSD; and insomnia disorder.
The judge said those injuries caused chronic pain, double vision, mood disruptions, anxiety, cognitive issues, personality changes and fatigue among other issues.
The decision does not explain the relationship between Cordell Yazzie and Rozalie Yazzie. Nor does it say who the driver was in either of the incidents.
