Hit-and-run ruling exceeds $3 million

BRITISH COLUMBIA

“While the defendant may look to continue with bankruptcy proceedings to evade our efforts at collecting damages, our expectation is that the punitive damages award will survive and we intend to pursue every collection remedy available to Ms. Howell at law, no matter how long it takes,” Rice said.

No case in which punitive damages have been awarded in a hit-and-run is recorded, the justice noted, and “there is no authority for whether punitive damages are appropriate.”

MacNaughton found that Howell was jaywalking and 25-per-cent responsible.

MacNaughton said there were cases where such damages had been awarded against drivers who have shown reprehensible conduct in other kinds of incidents.

Howell has chronic pain, or a Somatic Symptom Disorder, cognitive issues and other health problems that have dramatically changed her life.

“I accept that Ms. Howell’s current prognosis suggests that she will struggle for the rest of her life as a result of her constellation of injuries,” Justice MacNaughton said.

Howell had been pursuing a dream of studying English literature at UBC with the hope of becoming a librarian or working in publishing.

Justice MacNaughton said she lost “her sense of belonging to a counterculture as a young gay woman who loved reading, comic books, and music and whose life revolved around that love.”

That view was behind the justice’s rejection of the application of male economic and labour market contingencies when assessing damages. Recognizing historic glass ceilings faced by women, MacNaughton said gender-biased, pay-equity projections were inappropriate in determining damages because Howell and her partner could decide to share child bearing, and early infancy obligations.

Machi, who operated a small construction company, has filed for bankruptcy, was self-represented and attended only three of the 15 days of proceedings — failing to re-appear after being cross-examined.

The justice emphasized that before the accident Machi had been prohibited from driving five times and had three convictions for driving while prohibited.

“I have concluded that Mr. Machi’s actions are worthy of denunciation and retribution beyond the compensatory awards I have made in favour of Ms. Howell,” MacNaughton said. Veronica Howell was hit by driver Leon Machi as she was crossing a street and now suffers chronic pain, cognitive issues and other health problems, a judge ruled.