7 hours ago
Swift News
A girl has been awarded $3.6 million in damages after she was hit by a car and suffered traumatic brain injuries, with a judge finding the District of North Vancouver was partially liable.
The incident happened in 2015, when she was seven years old.
Justice Elin Sigurdson said in a judgment posted Monday that the district was liable for the crash because it didn't properly maintain and clear vegetation from the crosswalk on East Braemar Road.
The court heard that the girl, referred to as H.D. in the judgment, suffered from mental and physical health issues including anxiety, depression, fatigue and more after the crash.
While the court found that the district bore a significant degree of liability in the crash, it also found that the driver of the vehicle was likely driving above the speed limit and was also partially liable.
The crash happened on June 12, 2015, as H.D. was headed to Carisbrooke Elementary for sports day.
The crosswalk in the middle of East Braemar Road, features stairs leading up to St. Mary's Avenue. The road is separated by a boulevard with little in the way of sidewalks.
According to the judgment, the crosswalk was not safe for the small children that crossed it every day heading to school, and numerous staff members and residents had raised concerns about it.
"It is my conclusion, on the basis of the witnesses’ evidence ... that the growth of ivy, branches and leaves surrounding the stairway, path and [crosswalk] resulted in impeded visibility of important views for both pedestrians and drivers," the judge ruled.
A spokesperson for the District of North Vancouver said the judge had apportioned 70 per cent of the liability towards the district and 30 per cent towards the driver.
"Any accident involving a person, particularly a child — no matter the circumstances — is upsetting. We do our best every day to ensure our community's safety and wellbeing," the spokesperson said, adding the district was reviewing the court's decision.