Cross v Peaker
Kent Christopher Cross
Law Firm / Organization
Kazlaw Personal Injury Lawyers
Lawyer(s)

Mi Sun Cho

Rea Kalsi

Steven Matthew Peaker
Law Firm / Organization
Not Specified
Lawyer(s)

M.A. MacKenzie

Overview:
Kent Christopher Cross sued Steven Matthew Peaker for damages from a motor vehicle accident on October 11, 2018. Cross, an industrial painter, suffered injuries when Peaker rear-ended him. Peaker admitted liability, and the trial focused on assessing Cross’ injuries and the compensation owed.

Legal Issues:
Key disputes included:

  • The severity and permanence of Cross’ injuries, including chronic pain, headaches, and mood issues.
  • Whether the accident directly caused his ongoing migraines.
  • The impact on his earning capacity, particularly his ability to work overtime.
  • The necessity of future medical care and its associated costs.

Findings and Damages:
The court determined that Cross sustained chronic pain and headaches, reducing his ability to work full-time and limiting overtime opportunities. It rejected Peaker’s argument that Cross’ pre-existing conditions were primarily responsible for his symptoms. The judgment considered his ongoing medical needs and loss of earning potential.

Total Award:
Cross was awarded a total of $1,364,398, comprising:

  • Non-pecuniary damages: $195,000
  • Past loss of earning capacity: $151,800
  • Future loss of earning capacity: $935,000
  • Future cost of care: $70,953
  • Special damages: $7,645
  • In-trust award for Heather Cross: $4,000

Additionally, the court awarded costs at Scale B, with further submissions allowed if either party sought a different cost determination?.

Supreme Court of British Columbia
M203276
Personal injury law
Plaintiff