A Central Saanich man who struck and killed a woman and critically injured her sister testified that he fell asleep at the wheel after being up all night with his father in the hospital.
Anthony Thomas, who is charged with six driving offences, including impaired and dangerous driving causing death and bodily harm, took the stand for the first time at a civil trial in B.C. Supreme Court.
Thomas did not testify at his criminal trial, which concluded last week. He is awaiting a decision from the judge.
The 29-year-old is being sued by Ellen Ward, whose daughter Kim was killed in the Aug. 27, 2018, collision. Ward is bringing the suit on behalf of her daughter Tracey, who survived the crash but will require 24-hour care for the rest of her life.
Ward is also suing the car dealership Harris Jeep and Aggatha Siah, who signed a purchase agreement for the Jeep involved in the collision.
Darren Williams, the lawyer representing Ward, has told the court it must decide who owned the Jeep and how Thomas got the keys to drive it.
Thomas testified that his last memory before the collision was turning onto Central Saanich Road and getting about one-quarter of the way down. He woke up panicking, pushing airbags away from his face.
“Do you know why your last memory before the collision is down the road from where the accident happened?” asked Williams.
“Lack of sleep, possibly because of meth and Xanax. My father was in hospital the night before, so I was grieving,” Thomas replied, adding that he was up all night at the hospital and only had three hours of sleep in the previous 24.
Ward, 81, testified that after her daughter Tracey was struck, she spent almost a year in the neurological unit of Victoria General Hospital and is now living in Sidney All Care Residence. She is 51, unmarried and has no children. Ward tries to visit her daughter every day.
She said her daughter, who did a bookkeeping course at Humber College in Toronto and bought Gold Star Bookkeeping in 2011, hiked, skied and snowshoed before she was injured. She was an avid reader and went to movies with her sister.
In 2017, Kim and Tracey moved in together for a year. Then Tracey found a place on Gabriola Island and moved there to save money for a down payment on a condo or a house in Sidney where she could work remotely, Ward testified. Tracey loved being a bookkeeper and planned to keep working at least until she was 70, her mother said.
She is now paralyzed on her left side, and her left foot points down, so she cannot put it flat on the floor. Her strength is improving and she can transfer herself from her bed to wheelchair, said Ward.
Her left hand doesn’t work very well, but she can feed herself with her right hand “as long as it’s something she likes,” said Ward.
Together, they do jigsaw puzzles and math problems. Ward takes her out in her wheelchair for walks when the residents are allowed out.
Outside court, Ward called the collision a nightmare that is still ongoing. “The grief never stops, especially dealing with Tracey. It’s just with you all the time,” she said. “I’m not going to be around forever. I have to make sure that she is cared for, especially with not having relatives here.”
Ward said her heart lights up when she sees Tracey. “It’s so great. She’s my only family now.”
Tracey’s dog Asia, a part-Maltese, part-Yorkie who lives with Ward, also makes frequent visits to the hospital.
“She’s the sweetest thing. She’s 15. I take her to see Tracey. She jumps up on the bed. Tracey might be in her chair. I take treats in, so Tracey gives her treats.”
