The B.C. Court of Appeal has upheld a B.C. Supreme Court decision that awarded a West Vancouver woman more than $238,000 for injuries suffered when her minivan was rearended - even though she continued to run marathons after the accident.
Gloria Lee Clark was awarded $238,700 in damages in 2012, including $100,000 for diminished ability to earn income and $85,000 for loss of enjoyment of life.
A B.C. Supreme Court justice granted the award, despite evidence that Clark did not take any significant time off work and ran five
marathons - including recording a personal best time of under four hours in the Boston Marathon - after the accident.
According to court documents, the accident happened on June 8, 2006 when Clark, driving an Oldsmobile minivan, was rear-ended by Marek Kouba in a Volkswagen when both drivers were exiting Highway 1 on to Westview Drive. The accident caused only minor damage to Clark's vehicle.
Prior to the accident, Clark was an athletic person who ran, skied, hiked, bicycled and kayaked in addition to caring for her children and working parttime for Transport Canada. Clark continued several athletic pursuits after the accident, including hiking the Grouse Grind and running marathons.
Despite that, the judge accepted that "this accident has had a real impact on her life" including neck, upper back and shoulder pain that has resulted in difficulty sleeping and
performing household chores.
The $238,000 award included $100,000 for loss of future income and more than $28,000 for membership in a downtown yoga studio.
Kouba, the other driver, appealed the decision, disputing both the amount Clark was awarded for lost wages and the decision to pay the cost of her yoga club membership for the rest of her life.
But a panel of appeal court justices ruled there was nothing untoward about the original decision, noting, "there was considerable evidence that coping with pain is a daily struggle" for Clark.
The appeal court justices noted there was evidence presented that yoga helped Clark manage the pain caused by the accident.
The justices also noted that $100,000 represents "less than one year's salary" for Clark and was "not out of line in the circumstances."
