City of Surrey was sued for nearly $900K for icy street crash

Plaintiff has won another round in court against city hall

A woman injured in a traffic crash who was awarded nearly $900,000 in damages after suing the City of Surrey for negligence for failing to remove snow and ice from a city road in December 2009 has just won another round in court against city hall.

Michelle Rhodes’ vehicle slid sideways off a road, towards gasoline pumps at a service station and bumped a concrete platform on which the pumps were mounted.

“Surrey defended by stating it did not have an absolute obligation to keep all roadways free and clear of icy conditions, but was obliged to and did take proactive maintenance steps to apply brine to the road surface in the area of the accident,” Justice Robert Jenkins noted in his Sept. 8 reasons for judgment. But the court heard there was a snowfall two days before the crash, after the brine was applied.

READ ALSO: Court awards woman $143K for two Whalley rear-ender crashes, one by a bus

Following a trial in November 2015 a jury awarded Rhodes $3,576,000 but found her “contributorily” negligent, reducing that figure to $223,537. In 2018 the Court of Appeal reversed the jury’s verdict concerning the plaintiff’s failure to mitigate her damages and reset her award at $894,150, which the city paid on Nov. 16, 2018.

The City of Surrey’s calculations totaled $7,614.90 in pre-judgment interest and $22,067.28 in post-judgment interest for a total of $29,682.18.

But Jenkins, in B.C. Supreme Court in New Westminster, set Rhodes’ pre-judgment interest – payable from the date of the crash to the date of the jury award – at $6,397.99; her post-judgment interest from the date of the jury award until Nov. 16, 2018 at $56,134; her compensation for management fees at $200,000, and also found her entitled to 50 per cent of her taxable costs and disbursements.



tom.zytaruk@surreynowleader.com

Like us on Facebook and follow Tom on Twitter

BC Supreme CourtCity of Surrey

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Contributed Photo/Karl Dopf
Community Camera: October 29, 2020

Submit your Community Camera photos to news@ahobserver.com

Kastor Hansen gets the right timing on the double-Dutch ropes, cheered on by principal, Bruce Becker. For the past 10 years, Becker has been Silver Creek Elementary’s principal, he is now moving on to become principal at Coquihalla Elementary School. (Barry Stewart/Hope Standard)
Bruce Becker to be Coquihalla Elementary’s new principal, leaving role at Silver Creek open

Longtime SD78 educators Monique Gratrix and Peter Flynn are retiring

A woman holds a packet of contraceptive pills. (AP Photo/Tsvangirayi Mukwazhi)
Chilliwack women’s organization among those lobbying for free contraception

Ann Davis Society says while it’s a women’s issue, all of society would benefit from program

A woman wears a face mask and plastic gloves while browsing books as a sticker on the floor indicates a one-way direction of travel between shelves of books at the Vancouver Public Library’s central branch, after it and four other branches reopened with limited services, in Vancouver, on Tuesday, July 14, 2020. (THE CANADIAN PRESS/Darryl Dyck)
B.C. reports 234 new COVID cases, 1 death of senior who had attended small birthday party

Roughly 5,700 people are isolating due to being exposed to a confirmed case

Provincial Health Officer Dr. Bonnie Henry speaks Thursday (Oct. 29) during a news conference held at Fraser Health office, in video posted to Facebook. (Photo: Government of British Columbai/Facebook)
COVID-19 ‘disproportionately’ affecting Fraser Health: Henry

Health region has about 75 per cent of B.C.’s active cases

A study by SlotsOnlineCanada notes there is at least 88 hours of top-rated horror movies for Canadians to consume this Halloween. (Unsplash)
Spooks and Chill study reveals Canada’s favourite horror flicks

88 hours of top-rated horror movies can fill COVID-19 Halloween

Burnaby RCMP responded to a dine-and-dash suspect who fell through a ceiling in March 2020. (RCMP handout)
VIDEO: Suspected dine-and-dasher falls through ceiling of Burnaby restaurant

A woman believed to be dashing on her restaurant bill fell through the kitchen ceiling

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

A can of Canada Dry Ginger Ale is shown in Toronto on Thursday Oct. 29, 2020. The maker of Canada Dry Ginger Ale has agreed to pay over $200,000 to settle a class-action lawsuit launched by a B.C. man who alleged he was misled by marketing suggesting the soda had medicinal benefits. THE CANADIAN PRESS/Joseph O’Connal
B.C. man’s lawsuit over marketing of Canada Dry ginger ale settled for $200K

Soda’s maker, Canada Dry Mott’s Inc., denied the allegations and any liability

Vancouver Island-based Wilson’s Transportation has expanded to fill some of the routes left unserviced by Greyhound as of Nov. 1, 2018. (Black Press files)
B.C. bus companies say they need help to survive COVID-19

Like airlines, motor coaches have lost most of their revenue

A deer was spotted in October 2020 in Prince Rupert, B.C., with a bright pink yoga ball stuck in its antlers. (Kayla Vickers/Chronicles Of Hammy The Deer Official Page)
Hammy 2.0? Prince Rupert deer spotted with bright pink yoga ball stuck in antlers

The BC Conservation Officer Service is aware of the deer roaming around the city

Most Read