A motorcyclist in British Columbia has been awarded $1.3 million dollars after suffering severe injuries in a “clotheslining” incident while riding on private property.
British Columbia’s Supreme Court handed this decision down on May 13—you can see the whole decision here. In a nutshell, the plaintiff (dirt biker Cody Jackson) was riding on private property near his parents’ home. The property was occupied by Adam Lindsay, says the lawsuit, although Lindsay did not take legal possession until shortly after the clotheslining incident.
What happened, exactly? Some details aren’t spelled out in the court documents, but in a nutshell, Jackson was severely injured when he hit a chain that was strung across the road, while he was riding his dirt bike.
As per the legal paperwork: “The accident occurred when Mr. Jackson was riding his off-road motorcycle (dirt bike) near his parents’ rural property in Mara, BC. He was riding the motorcycle on an unpaved road on property occupied and beneficially owned by Mr. Lindsay …
“The plaintiff drove his dirt bike into a metal chain that had been strung across the road between a telephone pole on one side and a large tree on the other side. The chain was a heavy metal link chain, grey in colour, which would have been all but invisible to the plaintiff. Fortunately, when he struck the chain, he was upright, standing on the motorcycle. The collision with the chain resulted in both arms being broken, a shattered pelvis, a cracked eye socket, a concussion, and nerve damage to his right leg. Had he been seated, the accident could have been fatal …
“The plaintiff was taken by air ambulance to Kelowna General Hospital where he underwent surgeries for both arms. He was sent to Vancouver General Hospital for treatment of the complex pelvic fractures. He underwent operations at Vancouver General Hospital on May 16 and May 28, 2018. He was returned to Kelowna General Hospital for further treatment and post traumatic rehabilitation on June 9, 2018. He remained at Kelowna General Hospital for rehabilitation treatment until he was discharged on July 18, 2019, after more than two months of hospital treatment …
“When the accident happened, Mr. Jackson was 26 years of age and in exceptionally good health. He worked as a journeyman crane operator. He is now 30 years of age. The accident left him with substantial permanent injuries to his arms, hips, right leg and ankle, and muscle weakness. It has also affected his cognition, mood, and personality. He continues to work as a journeyman crane operator, but his employment opportunities have been reduced …
After years spent recovering from his injuries, Jackson had his day in court, but Lindsay did not attend the hearing to present his side of the story at the trial. As a result, the judge ruled against him, and Jackson won the case.
The financial hit against Lindsay included $1.353M in various damages, including loss of earning capacity. Jackson was also awarded costs and disbursements, and Lindsay was also ordered to pay the provincial government more than $170,000 under the Healthcare Costs Recovery Act.
