A СÀ¶ÊÓÆµ Supreme Court judge has awarded a Langley woman $2 million in damages for injuries suffered in a May 2015 car accident in Langley.
In a newly released , Justice David Crossin said Deanna Cindrich was stopped at an intersection when her vehicle was struck from behind. The vehicle that struck her from behind had, in turn, been struck in the rear by a pickup truck.
Crossin said liability was not at issue in the case.
“There is no disagreement between the parties that Ms. Cindrich continues to struggle since the accident,” Crossin said. “The issue is the nature of that struggle; and the degree to which the accident contributes to that ongoing struggle.”
Named as defendants in the case were Thomas Martini, Vitrum Industries Ltd. and Marie Nelson.
Crossin said Cindrich has succeeded in several lines of work including becoming a credit manager for one company then working in health care. At one point, she was tasked with developing an acute care program for older adults recovering from illness or injury at Surrey’s Peace Arch Hospital.
“In addition, while at the hospital, she chaired the South Fraser chapter of her professional association; the СÀ¶ÊÓÆµTRA and ultimately was president of that organization,” Crossin said.
She was also actively involved in her community, winning a volunteer of the year award at one point.
She was also actively involved in road biking, hiking, dirt biking, canoeing, water skiing, dancing and volleyball.
After some time in Kelowna, her family moved back to Langley and she was employed as a leisure access counsellor for the Township of Langley.
She began a master of arts program at Royal Roads University in 2011.
Her husband was diagnosed with cancer shorty after she graduated. She also has a special needs child requiring extra care.
The accidents
Cindrich testified she had been involved in two motor vehicle accidents prior to May 2015.
After that accident occurred, she began to experience soreness in her shoulder, neck and lower back.
“She developed pain on both sides of her neck and ‘stabbing’ pain in her back,” Crossin said.
She testified the issues made working with her clients difficult.
“Her left lower back pain worsened, notwithstanding physiotherapy,” Crossin said. “She testified the pain would radiate from the left lower back, across her left hip, and into her pelvis area. She began to experience pain in both legs and feet.”
Soon, housework became difficult. She could no longer enjoy cooking or gardening.
The judge said the injuries began to affect her relationship with her daughter.
“The ability of Ms. Cindrich to assist her daughter with school, and life generally, diminished much to the regret of the plaintiff and her daughter,” he said.
Meanwhile, ICСÀ¶ÊÓÆµ had hired someone to secretly videotape Cindrich, evidence the defendants led at trial.
“The evidence was created by a person hired by ICСÀ¶ÊÓÆµ to surreptitiously track Ms. Cindrich, and secretly videotape her activities,” Crossin said.
The judge said many family and friends testified about changes in Cindrich since the accident.
“It was apparent the plaintiff's father very much missed the daughter he had prior to the accident,” he said.

An occupational therapist treating Cindrich since 2015 testified Cindrich still exhibits a good deal of pain symptoms.
“She moves up and down stairs slowly with the use of the railing. She often squirms and must reposition herself in a chair,” Crossin said of the therapist’s evidence. “She walks with a limp that appears more noticeable.”

Multiple medical professionals also testified.

“I conclude that as a result of the collision Ms. Cindrich suffered whiplash injuries to the cervical, thoracic and lumbar spine,” the judge wrote. "She injured her left shoulder resulting in a rotator cuff and labral tear. She injured her left shoulder, her left hip; with myofascial pain syndrome. These injuries resulted in post-traumatic headaches; adjustment disorder with depression, anxiety and chronic pain.”

Broken down, the damages Crossin awarded are:
• future loss of earning capacity - $900,000;
• past loss of earning capacity - $525,000;
• non-pecuniary damages - $210,000;
• future care - $325,000; and,
• special damages - $88,720.