The Ufimzeff v. Brown court decision was released by the British Columbia Supreme Court in Kelowna on September 2, 2008.

On June 15, 2005, then 60 year-old Raisa Ufimzeff was driving in Vernon, British Columbia when a Chrysler pulled out of an alley and struck her car. She hit her chest the force of the collision dazed her. Her daughter came and took her to the hospital where she was released the same day and told that she had injured the muscles in her chest.

Over the next several days, Ms. Ufimzeff began to feel worse. She went to visit her family doctor and reported pain in her sternum area. X-rays revealed an undisplaced fracture of her sternum. 

By November 2005, her fractured sternum had healed, but she still was experiencing neck and low back pain which was aggravated when she drove a car, did some light housework, or stood for too long a period. In April 2007, she was still experiencing sternum pain which seemed to be worsening.

Ms. Ufimzeff hired a BC car accident lawyer and sued the driver of the Chrysler for damages as a result of her injuries.

At trial, the defendant admitted liability for the accident, but disputed the amount of damages that Ms. Ufimzeff was claiming.

The court reviewed all the evidence, including testimony from Ms. Ufimzeff’s family and medical practitioners. In addition to suffering a fractured sternum, the court was satisfied that she had suffered a moderate soft tissue injury to her back in the motor vehicle accident. As a result of her injuries, she was unable to perform physical labour in the family farm and was limited in the type of physical activity she could perform. The court found that these limitations would likely continue into the future.

The court awarded Ms. Ufimzeff the following damages:

• $50,000 – General damages for pain and suffering
• $11,855 – Past Income Loss
• $30,795 – Future Income Loss

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