Just six years after a crash left a Summerland man with severe injuries, a B.C. Supreme Court Justice has awarded him $545,500.
Francisco Guiseppe Salvatore Gatti, 62, was riding his motorcycle home from work on June 13, 2017 when another vehicle pulled up unexpectedly at the intersection and struck him.
Gatti claimed that the crash bar he had installed saved his legs from severe injury, even as he collided with the hood and front of the sedan before being thrown to the pavement.
Photographs taken following the crash show damage to Gatti’s skin, and there was also obvious damage to his helmet and dentures.
According to X-rays and examinations following the crash, Gatti suffered damage to multiple parts of his body, including his cervical and lumbar parts of his spine and right elbow, which have left him with sleep disruption due to the pain, lingering pain along his right side and memory issues.
Gatti was described as a ‘Renaissance man,’ physically fit and very active with vacations featuring things like hiking and white-water kayaking and a job that required him to be physically capable.
As a result of the accident, Gatti had to leave his job at a steel mill and try to find another, which he was let go from during the downturn in the lumber industry.
The justice noted in their judgement that, “it is pertinent to note that I agree with Dr. Vallentyne’s opinion that “finding new employment with an active disability at his age would be exceedingly difficult.”
One witness who testified at the trial said that “[Gatti] was in pain all the time and had to make decisions about activities based on how much he would likely suffer afterwards.”
Gatti’s lawyers were seeking $750,000 in total damages, including past and future loss of wages.
The defence, having admitted liability for the crash, called instead for a limit to $219,104.
At the end of his judgement, the Supreme Court Justice awarded a total of $546,500, including $86,400 for past wage loss which was reduced to account for Gatti receiving CERB and CRB benefits.
Gatti was always awarded coverage for his legal costs.
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