The Kahl v. Jakobsson court decision was released by the British Columbia Supreme Court in Vernon on July 28, 2006.

Best friend Bob Kahl and Ben Jakobsson were snowmobiling together on March 2, 2002. Mr. Kahl, who was in the lead, suddenly drove over an unmarked jump, lost control of his snowmobile and jumped off into the snow. Seconds later, he saw the right ski and the cowling of Mr. Jakobsson’s snowmobile coming straight towards him. He was struck by Mr. Jakobsson’s snowmobile.

Mr. Kahl was taken by ambulance to the hospital in Cranbrook. Mr. Kahl sustained a serious compound left shin bone fracture, a burst fracture in his low back, and suffers ongoing pain. He had multiple bruises and abrasions across his face, the bridge of his nose, and his chest. He had tenderness on his left ribs and collarbone area.

He hired a B.C. accident lawyer and sued Mr. Jakobsson for damages resulting from the collision.

At trial, Mr. Jakobsson denied that his snowmobile hit Mr. Kahl and argued that Mr. Kahl’s injuries were caused when his snowmobile bounced or when he jumped into the snow. After hearing from various witnesses who spoke to Mr. Jakobsson after the fact, the court found as fact that Mr. Jakobbsson’s snowmobile struck Mr. Kahl.

Mr. Jakobbsson also argued that both parties were equally at fault by failing to exercise extreme caution and failing to travel at a slow enough speed to be able to see and avoid hitting obstructions like the jump. The court rejected that argument and found that Mr. Jakobbsson was 100% responsible for the accident.

The court awarded Mr. Kahl the following damages:

• $125,000 – General damages for pain and suffering
• $150,000 – Past-Income Loss
• $450,000 – Future Income Loss
• $50,000 – Cost of Future Care
• $10, 403 – Special Damages

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