In the case of Ponych v Klose, dated August 28, 2023, the plaintiff, Mike Ponych, had been driving on Highway 11 near Townshipline Road in Abbotsford, British Columbia, at a speed of approximately 70-80 km/hour. The defendant in this case, Rolf-Dieter Klose, was traveling eastbound on Townshipline Road when he had struck a cement median and had collided with Mr. Ponych's vehicle, resulting in an accident. The defendant had admitted liability for the accident.
As a consequence of the accident, Mr. Ponych had suffered from various injuries, including a mild traumatic brain injury (mTBI), post-concussion syndrome, chronic migraines, chronic pain, post-traumatic vestibulopathy, and post-traumatic vision syndrome. He had also developed persistent depressive disorder and generalized anxiety disorder. The defendant had contested Mr. Ponych's claim, arguing that his injuries were not as severe as claimed and that he had been able to work for almost five years after the accident. The main point of contention had been Mr. Ponych's entitlement to damages for past and future loss of earnings.
Ultimately, the court had ruled in Mr. Ponych's favor, awarding him the following amounts:
- $250,000 for pain and suffering.
- $255,955 for loss of past earning capacity.
- $1,261,000 for loss of future income earning capacity.
- $86,787.08 for the cost of future care.
- $68,487 for loss of homemaking capacity.
- $35,861.83 for special damages.
Pre-judgment interest had also been applied as per the Court Order Interest Act.