The Williamson v. Suna court decision was released by the Supreme Court of British Columbia in Victoria on April 29, 2009.

On the evening of February 27, 2004, David Williamson, then a Master Corporal with the Canadian Armed Forces, was waiting in the left-hand turning lane when he was suddenly struck head-on by another vehicle. After the accident, Mr. Williamson did not go to the hospital but rather was driven home by a police officer. For the first few days following the accident his jaw and shoulder were sore and he experienced headaches.

Mr. Williamson returned to work almost immediately, was promoted to the rank of Sergeant and was deployed to Afghanistan from July 2004 to February 2005. However, he continued to experience persistent neck and shoulder pain. He had difficulty raising his left shoulder and turning his head because of neck pain. The pain would gradually increase during the work day and would result in the onset of severe headaches.

Mr. Williamson hired B.C. car accident lawyers and sued the driver of vehicle that struck him as a result of his ongoing medical symptoms resulting from the accident. The defendant admitted liability for the accident, but disputed the severity of Mr. Williamson’s injuries.

At trial, Mr. Williamson’s military superiors and his wife testified regarding his problems with memory and his pain symptoms. His neuropsychologist also gave the opinion that Mr. Williamson suffered a mild traumatic brain injury in the accident. The doctor testified that neuropsychological testing indicated that Mr. Williamson had deficits in his memory, attention and learning.

The court found Mr. Williamson to be a credible witness and accepted his testimony concerning his injuries and the effects they have had on his life. After reviewing the evidence, the court found that as a result of his injuries resulting from the accident, Mr. Williamson was less marketable or attractive as an employee to potential employers and has lost the ability to take advantage of all job opportunities that might otherwise have been open to him.

The court awarded Mr. Williamson the following damages:

• $115,000 – General damage for pain and suffering
• $150,000 – for loss of future earning capacity
• $1002.44 – special damages.

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