A Greater Victoria woman who was injured when she was rear-ended by a truck in 2016 has been awarded just over $1 million in damages.
Alyssa Reaume was 23 and four and a half months pregnant with her first child when her vehicle was struck from behind by a Ford F-550 on Aug. 11, 2016.
Reaume was on her way home from her job as a shift supervisor at Starbucks when she was hit while stopped behind a line of cars. She recalled her vehicle being pushed forward and her knees hitting the dashboard before her body recoiled in the seat, according to a B.C. Supreme Court decision.
Reaume’s station wagon was pushed into the car in front of her, which was pushed into the vehicle in front as well, causing a four-car pile-up. Her vehicle sustained about $16,000 in damage.
Reaume said her first concern was the safety of her fetus. She drove to the side of the road and when she got out of her vehicle, “her legs felt ‘like jelly’, her knees hurt, and she found it hard to walk,” the decision said.
Reaume was taken to Victoria General Hospital in an ambulance. At the hospital, she felt shooting pains in her hips and lower back, a headache and neck pain and her ears were ringing, the decision said.
A fetal ultrasound the following week showed no abnormalities in the fetus.
Reaume said she suffered an injury to her right shoulder, migraines, post-traumatic stress disorder, anxiety and depression.
She sought damages for past and future loss of income-earning capacity, future care and non-pecuniary damages for intangible losses.
Defendants Andrea Rossetto, who was driving the Ford F-550 truck, and Global Pro Systems Inc. have admitted liability for the collision and admit to the injuries and symptoms Reaume says she sustained, although they don’t agree that all of her symptoms are as severe as she says they are.
The defendants agreed to pay $35,000 for past income earning capacity and $4,453.39 in special damages, but disagreed on the amount for future earning potential and non-pecuniary damages, awarded to compensate for pain, suffering, loss of enjoyment of life and loss of amenities.
Justice Andrew Mayer sought to assess the severity of Reaume’s injuries and losses as a result of the injuries, including ongoing symptoms and their impacts on her life.
Reaume testified she has persistent pain in her right arm and shoulder, aggravated by repetitive activity, lifting above her head and reaching. The pain induces migraines, which she has about once a month, down from three to four times a week immediately after the collision, she said.
She said the shoulder pain prevents her from carrying her children in a backpack, so she’s not able to have the active, outdoors lifestyle she once had, which consisted of surfing, snowboarding, kayaking, hiking, hunting and camping. She is unable to perform many chores that involve repetitive motion, such as folding laundry or deep cleaning, the decision said.
Reaume reduced her work hours at Starbucks because of her pain, the judgment says. At the time of the collision, she had just finished a Visual Arts diploma from Camosun College but an occupational therapist testified she’s not well suited to work as an artist due to her pain from repetitive motions.
Reaume argued her earning potential has been reduced by roughly $1 million, because she can only work part-time hours due to her injuries.
Mayer considered the testimony of a psychiatrist who assessed Reaume and provided expert evidence on the extent of her injuries.
The psychiatrist believed Reaume became depressed following the collision as a result of chronic pain and its impact on her ability to care for her newborn. The doctor also diagnosed Reaume with somatic symptom disorder, a preoccupation with her physical symptoms that created a sense of her life revolving around her pain.
The doctor testified Reaume will likely continue to suffer from anxiety, depression and somatic symptom disorder.
Mayer awarded Reaume $120,000 for non-pecuniary damages, $850,000 for loss of future earning capacity and $12,500 for future care in addition to agreed amounts, for a total of $1,021,953.
