Statue of Lady Justice at B.C. Supreme Court in New Westminster. (Photo: Tom Zytaruk)

Statue of Lady Justice at B.C. Supreme Court in New Westminster. (Photo: Tom Zytaruk)

Court awards Surrey Costco shopping cart collector $583K after car pins him

Kurtis Ryan Burdeniuk, 22, was retrieving carts when driver backed into him in the parking lot, pinning him

A Surrey Costco worker who was hit by a car while collecting shopping carts in the parking lot has been awarded $583,345 by a B.C. Supreme Court judge for physical and psychological injuries he suffered as a result of the accident.

Kurtis Ryan Burdeniuk was 22 at the time it happened, on Feb. 29, 2016. The court heard that after he had graduated from high school, and attempted to get credits at Kwantlen Polytechnic University, he began working part-time at Costco. This became a full-time job, in which his primary duty was to retrieve and organize shopping carts in the Surrey Costco parking lot.

Sydney Christie, the defendant in this case, admitted liability for the crash. Justice John Harvey presided over the case, in New Westminster.

The court heard this wasn’t the first time Burdeniuk was hit by a car in the Costco parking lot. In 2015, he was standing near a machine that pushes carts when a driver hit him while backing out. “He tried to engage the driver in conversation without success,” Harvey noted in his Feb. 19 reasons for judgment. “The driver drove off. The plaintiff attended first aid and eventually began to experience pain in his low back. He took approximately a week off work, then returned to full-time duties without experiencing ongoing symptoms.”

READ ALSO: Surrey pit bull bite victim loses lawsuit

READ ALSO: ICBC not liable for intoxicated Surrey driver, judge confirms

READ ALSO: Surrey restaurant owner who pointed handgun at staff loses court appeal

Prior to this latest crash, the court heard, Burdeniuk enjoyed snowboarding, hiking, and camping among other outdoor activities, and was “keen on keeping physically fit,” but all that changed.

In the 2016 accident, which happened in the early evening, Burdeniuk had been using a buggy machine to move carts that were “spilling into the lot” back into storage when he was hit from behind by Christie’s car. He was pinned against some carts, or the cart machine, and her trunk.

“He hit the vehicle’s trunk once, or more, and the driver then moved forward,” the judge noted in his reasons. “He stated he was able to exchange information with her and then went to the store to make a report to first aid.”

Christie testified her car had been parked in a stall with cars on either side. She said she did a shoulder check, saw nothing and began to reverse while looking forward to make sure she didn’t hit the cars on either side. She said she felt a “thump,” and said it felt like somebody was hitting the trunk of her car. Christie told the court she immediately braked then moved forward.

She asked Burdeniuk if he was okay, to which he replied “No, not really,” or something like that.

Burdeniuk told the court he felt squashed and trapped, with the trunk against his lower rib cage and a buggy handle pressing into his rib cage on the other side. He experienced a “burning sensation” in his lower back and hip, went to hospital, and the next day a doctor at the Cedar Hills Clinic prescribed anti-inflammatory medicine, told him to take two weeks off work and recommended physio and massage therapy.

The court heard he ended up seeing a psychiatrist and Harvey found that his “physical injury, while not severe, has resulted in a constellation of psychological symptoms which have caused him a significant degree of social isolation.”

Harvey awarded Burdeniuk $140,000 in non-pecuniary damages, $46,500 in past wage loss, $26,413 in special damages, $300,000 in future loss of earning capacity, $10,000 in loss of housekeeping capacity and $60,432 in cost of future care, making for a total of $583,345 in compensation.



tom.zytaruk@surreynowleader.com

Like us on Facebook Follow us on Instagram and follow Tom on Twitter

BC Supreme CourtSurrey

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

Just Posted

Surrey RCMP are investigating a reported assault at Panorama Ridge Secondary. (Shane MacKichan photos)
UPDATE: Two youths arrested after assault with a weapon at Panorama Ridge Secondary in Surrey

School placed on a ‘hold and secure’ until safety of all students confirmed

Island Health chief medical officer Dr. Richard Stanwick receives a first dose of Pfizer vaccine, Dec. 22, 2020. (B.C. government)
COVID-19: B.C. seniors aged 90+ can start to sign up for vaccination on March 8

Long-term care residents protected by shots already given

Image Surrey.ca
Surrey to pony up one-third of cost to cover Cloverdale lacrosse box in 2022

This will be at the Cloverdale Athletic Park at 64th Avenue and 168th Street

Delta Mayor George Harvie. (Submitted photo)
Mayor asks Fraser Health to reconcider North Delta vaccination site

Harvie wants a North Delta clinic to complement the South Delta location

B.C. Court of Appeal in Vancouver. (File photo: Tom Zytaruk)
Murder conviction upheld in case where Surrey mom was stabbed in front of her kids

Jury in 2017 found Tanpreet Kaur Athwal, aka Sonia Kaur Gill, guilty of first-degree murder in 2007 death of Amanpreet Bahia, 33

Langley resident Carrie MacKay shared a video showing how stairs are a challenge after spending weeks in hospital battling COVID-19 (Special to Langley Advance Times)
VIDEO: Stairs a challenge for B.C. woman who chronicled COVID-19 battle

‘I can now walk for six (to) 10 minutes a day’

Provincial health officer Dr. Bonnie Henry updates B.C.’s coronavirus situation, May 8, 2020. (B.C. government photo)
B.C.’s weekend COVID-19 cases: 532 Saturday, 508 Sunday, 438 Monday

Fraser Health still has most, eight more coronavirus deaths

B.C. Attorney General David Eby speaks in the legislature, Dec. 7, 2020. Eby was given responsibility for housing after the October 2020 provincial election. (Hansard TV)
B.C. extends COVID-19 rent freeze again, to the end of 2021

‘Renoviction’ rules tightened, rent capped to inflation in 2022

Face mask hangs from a rear-view mirror. (Black Press image)
B.C. CDC unveils guide on how to carpool during the pandemic

Wearing masks, keeping windows open key to slowing the spread of COVID-19

Churches, including Langley’s Riverside Calvary Church, are challenging the regulations barring them from holding in-person worship services during COVID-19. (Langley Advance Times file)
Minister of Families, Children and Social Development Ahmed Hussen takes part in an update on the COVID pandemic during a press conference in Ottawa on October 27, 2020. The City of Vancouver says it has purchased a former hotel at a major thoroughfare that can house about 65 units to accommodate homeless people. A joint news release by the Minister of Families, Children and Social Development, the Canada Mortgage and Housing Corporation and city says 2075 Kingsway, Days Inn by Wyndham Vancouver, will be ready for accommodation this November. The Minister of Families, Children and Social Development Ahmed Hussen also announced a $51.5 million Rapid Housing Initiative for Vancouver that is expected to create 135 new affordable homes. THE CANADIAN PRESS/Sean Kilpatrick
Former Vancouver hotel to be converted to 65 units for homeless people by the fall

The former Days Inn on Kingsway will be ready to house people in November

Det. Sgt. Jim Callender. (Hamilton Police Service screenshot)
B.C. man dead, woman seriously injured after shooting in Hamilton, Ont.

The man was in the process of moving to the greater Toronto area, police say

(Black Press file photo)
Child in critical condition, homicide investigators probe incident near Agassiz

The child was transported to hospital but is not expected to survive

Most Read