A BC teenager who was hit by a truck while on a crosswalk has been awarded $900,000 after a BC judge ruled her injuries would last throughout her life.

According to a Dec. 24 BC Supreme Court decision, Ashley Arely Fuentes was 16 years old when she was struck by the vehicle driven by Matthew David Houghton in 2020. She spent a couple of weeks in hospital and then missed a huge amount of school.

The teen was left with multiple injuries, along with a mild traumatic brain injury and a pelvic fracture that was untreatable and resulted in lifelong pain.

The decision said Fuentes has an intellectual disability and multiple experts testified as to her cognitive abilities before and after the incident.

Fuentes argued her injuries were catastrophic and she should be awarded $2.5 million to account for the cost of future care and the loss of future earnings.

However, the defence argued that while it accepted Fuentes was left in permanent chronic pain, her intellectual disability and numerous pre-existing conditions meant she should be awarded far less.

“(Fuentes) testified that since the accident, she has not been able to engage in social or physical activities like she used to. (She) missed a great deal of school following the accident and when she returned to school, she experienced fatigue and pain,” the decision said. “Overall, she described a diminishment in her ability to engage in normal day-to-day activities and to enjoy social time with her friends and family.”

Throughout the eight-day trial, around half a dozen medical experts gave their opinion of how the accident had changed Fuentes’ cognitive state.

“(Fuentes) submits that her chronic pain and mild traumatic brain injury is caused by the accident. The defendants submit that (her) physical injuries, such as her many orthopedic injuries, healed without surgical intervention,” Justice Elizabeth McDonald said in the decision. “The defendants also submit that her mild traumatic brain injury has resolved and the symptoms (she) reports, such as dizziness and memory problems, are caused by her pre-existing intellectual disability and mental health problems.”

The medical experts did agree that she was likely facing life-long chronic pain which would impair her ability to sit, stand or do repetitive movements for sustained periods.

A more complicated question was whether Fuentes would have had the intellectual capacity to work if the accident hadn’t taken place.

“The evidence demonstrates that even before the accident, (her) ability to consistently attend programming, whether at school or otherwise, was impacted by issues such as her intellectual disability, and health-related challenges including symptoms of fatigue and physical discomfort. In other words, the plaintiff’s range of employment options was already restricted prior to the accident,” the Justice said.

“However, on my review of the evidence, I find that had the accident not occurred, (she) would likely have achieved some level of suitable part-time employment at a minimum wage, for example, stocking shelves, bagging groceries or gardening.”

The Justice awarded $482,454 for loss of future earnings.

Fuentes’ lawyer argued her client should be awarded compensation at a high amount for pain and suffering, and the emotional distress she’d been left in.

However, the defence argued it wasn’t a catastrophic injury and she was already disabled before the accident.

“There is no dispute that the injuries… sustained in the accident have negatively impacted her and her family,” the Justice said. “She now deals with daily pain which diminishes her desire to participate in, and enjoy, day-to-day activities. However, I am not satisfied that (her) injuries fall within the category of catastrophic because… they have not resulted in the fundamental loss of ‘self’ or the ability to have control over her own life.”

The Justice said the injuries are very serious, but not catastrophic.

Ultimately, the Justice awarded $270,000 for pain and suffering, which, combined with numerous other awards, totalled $894,949.