Accident victim awarded million-dollar settlement

SYDNEY — A Supreme Court judge has ordered a Sydney man receive a $1-million damage award after a car accident left him permanently disabled.

In a decision released this week, Justice Mona Lynch ruled that Colin Landry’s back injury was not a sprain, strain or whiplash-associated disorder.

“Also, I find that the injury to Colin Landry’s back pain resulted and continues to result in a serious impairment which results in a substantial inability to perform the essential tasks of his regular employment and the normal activities of daily living,” said Lynch, in rendering her decision after a nine-day trial held in March.

In assessing damages, Lynch awarded Landry $775,000 for diminished earning capacity, $185,347 in past lost wages and $100,000 for non-minor injuries. In total, the court awarded a settlement of $1,102,812.

Just after 3 p.m. on June 2, 2017, Landry, now 47, was driving along Keltic Drive when a vehicle, driven by Kyle Chisholm, failed to stop at a stop sign and collided with the Landry vehicle.

According to the evidence presented at trial, at the time of impact, Landry heard a snap and felt a sharp pain in his lower back. His hands would not work properly and he had to be helped from the vehicle.

Landry suffered injuries to his neck, arms, knee and back. He was later diagnosed with a major depressive disorder, anxiety and post-traumatic stress disorder which were also attributed to the accident.

CREDIBLE WITNESS

The injuries to the neck, arms and knee have been resolved but such is not the case when it comes to the back pain and psychological injuries.

Landry, who worked as a heavy equipment operator in Western Canada, has been unable to return to his job or even maintain any level of limited employment because of his constant back pain and the limitations associated with such an injury.

Landry was represented at trial by Duncan MacEachern and Nicholas Burke while Chisholm was represented by Ian Parker and Michelle Lahey.

In her decision, Lynch rejected suggestions that Landry’s evidence was not credible and that he was exaggerating when it came to physical limitations because of the back pain.

“Even though Colin Landry repeated things and had outbursts during his testimony, I found his evidence to be credible. His evidence was provided in a candid fashion. He appears to be a man very much changed and damaged by the injuries he suffered in the accident and a man very frustrated by the pain he is suffering and the inability to get relief from that pain,” said Lynch.

NOT THE SAME

Lynch heard evidence from Landry’s family members who testified to the vast changes they witnessed in Landry since the accident. They said he no longer socializes with other people and has difficulty with even the most routine tasks such as putting on socks or pants.

“After the accident he is described as having no patience, going off like a firecracker, cursing and swearing, argumentative, bad-tempered, having a crushed spirit, having no love of life and not having a positive thing to say about anything,” said Lynch, in her decision.

In his own words, Landry described himself as cranky, miserable and someone no one wants to be around. Since the accident, he’s lost his marriage and his ability to work and feels like a failure in being unable to perform the tasks he would normally take for granted.

“Colin Landry has lost the life he knew prior to the accident. The pain had endured for five years and is not expected to ease. His ability to work and his ability to perform the functions of daily living have been severely diminished,” concluded Lynch.