Family sues driver in fatal crash at airport

Taxi driver was killed in 2011 when 81-year-old’s vehicle hit picnic table

The family of a taxi driver struck and killed by a car at Victoria International Airport two years ago is suing the elderly driver.

Ramesh Sharma’s wife and three children filed a notice of civil claim against Shirley Zerbin in B.C. Supreme Court seeking general and special damages for financial losses suffered as a result of his death.

“He is still really greatly missed — I still hear a lot of people talking about him day to day,” said family friend Sushil Hira.

“He used to be the one that talked a lot at family parties, so he’s really greatly missed.”

The lawsuit says Charan Kaur Sharma and her adult children, Sanjeev, Sapna and Sabina, have lost the love, care and guidance of their husband and father, as well as his financial support.

“At the time of the motor vehicle accident … each of them were dependent on Ramesh Sharma, and suffered damages as a result of [Zerbin’s] negligent operation of her motor vehicle,” the claim says.

The allegations are unproven and Zerbin has yet to file a statement of defence.

Ramesh Sharma, 57, was killed and six other taxi drivers were injured on July 29, 2011, when Zerbin, then 81, drove her 1990 Pontiac Sunbird into a picnic table at the airport where the drivers were playing cards.

Victoria provincial court Judge Evan Blake later heard that Zerbin mistook the gas pedal for the brake after entering an airport parking lot. The car accelerated, jumped two curbs and crossed a roadway before slamming into the concrete picnic table, court was told.

Zerbin was fined $1,500 for driving without due care and attention. She also received a three-year driving prohibition.

The Sharmas had two years from the date of the accident to file a claim. The family’s lawyer, Michael Pohorecky, said he was in no hurry because the other injured cab drivers have also filed claims and all will likely have to be settled around the same time.

His clients “miss Mr. Sharma greatly,” Pohorecky said.

“He was not only the breadwinner, but he was the head of the family, and he supported not only his immediate family, but other relatives as well.”

The family is also suing the Insurance Corporation of B.C. for breach of contract because the family has yet to receive its nofault insurance benefits.

Pohorecky said the lawsuit was filed as a precautionary measure before the two-year deadline for such a claim elapsed.

“It’s not that ICBC, in this particular case, has denied paying no-fault benefits,” he said.

But the family would be unable to claim the benefits at a later date unless the lawsuit was commenced.