A Washington state family has been awarded millions of dollars in damages over a fatal crash in Surrey, B.C., nearly six years ago.
The family of four was on their way home to Bellingham after attending a church service in B.C. on Oct. 1, 2017, when they were cut off by a motorcycle driver on King George Boulevard.
After swerving to avoid a collision, their vehicle left the road and landed upside down in a water-filled ditch.
The family was extricated from the vehicle and the father and his two teenaged children survived, but the driver, 42-year-old Myriam Ghaly, died six days later in hospital.
“Each of the plaintiffs testified that they feared for their lives as farm runoff began to fill the vehicle,” the recently-posted B.C. Supreme Court judgment states.
“The occupants’ heads were submerged in this runoff, and the family was trapped in the car for approximately eight minutes.”
Get daily BC news
The husband, Wagih Ghaly, testified his wife was holding his hand and praying as the vehicle began to fill with water.
The court heard that motorcyclist Paul Mand had been weaving in and out of traffic prior to the crash, and Mand admitted liability in the collision.
The family had sought aggravated damages in addition to general damages and damages under the Family Compensation Act, noting that Mand had been driving recklessly and failed to stop after the crash.
However, the judge found that while Mand had been reckless and negligent, there was no evidence he had intentionally caused the crash.
Nonetheless, the court found Mand liable for nearly $2.5 million in damages on a variety of metrics, including the family’s loss of future earning capacity and financial support, loss of household services and loss of care, guidance and affection.