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B.C. Supreme Court awards $1M damages for 2016 Surrey accident

Nina Ashley Bennett testified to acutely painful post-accident headaches that reduced her to tears.
BC law courts
The collision happened at the intersection of 152nd Street and 64th Avenue on Nov. 10, 2016.

A B.C. woman has been awarded $1 million in damages connected to a November 2016 car accident in Surrey.

Nina Ashley Bennett claimed damages in B.C. Supreme Court after the Nov. 10, 2016 accident at or near the Surrey intersection of 152nd Street and 64th Avenue.

Bennett, a 35-year-old mother of two teens, was a passenger in a 2007 Chevrolet Suburban. It was being driven by defendant Corey Vogel when it collided with a 2011 Nissan sedan driven by defendant Jorge Flores Lopez.

Lopez has admitted liability with respect to the accident, state court documents. The claim against Vogel was discontinued on Nov. 7, 2022, Justice Matthew Taylor said in his Oct. 16 decision.

The accident

Bennett testified she hit her head in the accident and believes she may have lost consciousness, although she was not sure.

She also testified that she had difficulty breathing and had chest pain.

However, she was able to get out of the vehicle without assistance after the accident and to help the children in the back seat.

She testified that, after the accident, her right leg swelled up and she experienced bruising and sensitivity. She also experienced neck, shoulder and lower back pain as well as pains shooting down her right leg, and tingling and numbness in her left hand and fingers.

Injuries

Taylor said Bennett also testified to experiencing headaches in the back of her head, radiating to the front. Initially, she said, she experienced headaches daily, and “that they were excruciating, causing her to feel hot and nauseous and also sensitive to light, often reducing her to tears. When the headaches would come on she would go to a dark room and use a cold cloth.”

“Ms. Bennett testified that the emotional and psychological impacts of the injuries have been severe,” Taylor said.

Bennett sought $1 million to $1.5 million in damages, the majority of which was 664,399 for loss of future income. She was awarded $1,009,893.

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