Court dismisses plaintiff’s claim finding she suffered “no compensable injury”

In reasons for judgment released yesterday, the court in Sandhu v. Raveendran, 2017 BCSC 499, dismissed the plaintiff’s claim for personal injuries concluding the plaintiff did not suffer “any compensable injury” during a low-speed parking lot collision.  Mr. Justice Brown wrote as follows:

[1]             The plaintiff, Ms. Kamaljit Kaur Sandhu (“Ms. Sandhu”), alleges she was injured on March 8, 2012, when a Chevrolet Lumina vehicle (“the Chevrolet”) in which she was a passenger entered a shopping mall parking lot located at 31205 Maclure Road, in Abbotsford, B.C. She says that the Chevrolet was struck (the “Accident”) by a 2011 Honda Odyssey van (“the Honda”) being driven by the defendant, Mr. Rajesh Kuniyil Raveendran (“Mr. Raveendran”). The plaintiff’s husband, the defendant, Mr. Jagdev Sandhu (“Mr. Sandhu”), was driving the Chevrolet.

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[54]         Of course, parking lot collisions may cause significant vehicle damage and some bodily injury especially when one or both parties are driving too fast. This is not one of those cases. One car was standing still, the other rolling slowly backwards.

[55]         The plaintiff presented as a pleasant person. Her counsel submitted she was a good witness because, in effect, she stood her ground and insisted she had been injured; but that ground was also populated with many responses of not knowing and not recalling events. As for the mechanics of the injury, when impartial senses contradict what a witness with a vested interest says happened, as in this case, the former, depending on the all the circumstances, should hold greater sway.

[57]         In this case, I find a lack of convincing evidence that this minor, slow-moving parking lot accident caused the plaintiff any compensable injury. Accordingly, the plaintiff’s claims for damages are dismissed with costs.

The full decision can be found here:  http://www.courts.gov.bc.ca/jdb-txt/sc/17/04/2017BCSC0499.htm