Surrey trucking couple wins another round against Volvo in court

Judge found crash left driver ‘a shadow of his former self physically, emotionally and socially’

A Surrey trucking couple awarded nearly $5 million in court after suing Volvo and other defendants over electrical problems that sent their fully loaded tractor trailer into a terrifying jack-knife on the Trans Canada Highway in 2009 has won another round in court.

Volvo Trucks North America Inc. – and National Truck Centre Inc. doing business as Pacific Coast Heavy Truck Group – appealed B.C. Supreme Court Justice Barry Davies’ decision, which he rendered in 2016, but the Court of Appeal of B.C. upheld it on Nov. 2, in Vancouver.

The appellants challenged the findings of liability and assessment of damages.

“I find no basis upon which this court may interfere with the judgment,” concluded Justice Mary Saunders, of the appeal court, with Justices John Hunter and Anne MacKenzie concurring.

READ ALSO: Surrey trucking couple awarded nearly $5 million in court battle with Volvo

The crash happened on a snowy winter night near Falcon Lake, Manitoba.

Amandeep Hans and his wife Pavandeep Hans were heading down the highway, Davies noted in 2016, when “darkness enveloped the truck.” All electrical power — including headlights, power steering, fog lights and interior lights — was lost. Amandeep Hans, the driver, lost control of the truck at 70 km.

Davies found the crash had rendered Mr. Hans “a shadow of his former self physically, emotionally and socially” and left Mrs. Hans with post traumatic stress disorder.

The couple sued Volvo et al, claiming Volvo was negligent in designing, manufacturing and installing a critical cab positive terminal connection in the truck, causing its electrical system to shut down which led to the crash.

Davies found the nut on the cab positive terminal of the truck had been negligently installed by Volvo and awarded the Hans $280,000 in non-pecuniary damages, $160,000 to Mrs. Hans in the form of an “In-trust” award, $198,868.75 to cover the cost of care Mr. Hans has already received, $1,781,000 for future care, and $2,442,826 in lost income earning capacity for a total award of $4,867.694.75.



tom.zytaruk@surreynowleader.com

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

Just Posted

White Rock couple to donate blood 325th time, collectively

Anne Friendly will make her 175th donation, while her husband Kevin Klop will donate his 150th time

South Surrey mothers to launch CBD-infused water product

Three friends say benefits may include anxiety relief, pain management

4-year-old child injured in Surrey after falling out window

Child fell out of third-storey window, expected to fully recover

City of White Rock hosts official pier reopening

Event included ribbon-cutting, speeches, live music

Surrey school district to allow students to miss class for global climate strike

Students must be excused from school by parents; will be able to make up missed work without penalty

VIDEO: A moment to remember during the World Lacrosse Men’s Indoor Championship in B.C.

Diego Hernandez Valenzuela’s team lost, but he felt like a winner Saturday

Over 200 Hotel Georgia hospitality workers join ‘open-ended strike’

Unionized workers at Hyatt Regency, Westin Bayshore and Pinnacle Harbourfront have also walked out

B.C. Lions hype-man marks 15 years of cheers

Crazy P cheers, chants, bangs his drum and spreads a message of love

Hiker rescued after spending night on Crown Mountain

North Shore Rescue spotted the woman by helicopter over Hanes Valley

PHOTOS: Steller sea lion with plastic around neck rescued on Vancouver Island

Rescue staff determined the plastic band cut the protected animal’s neck approximately two inches

B.C. VIEWS: School officials join fact-free ‘climate strike’

Students, public get distorted picture of greenhouse gases

Vancouver Giants complete weekend sweep of Cougars

Back-to-back road trip victories for Langley-based team

Handgun crackdown, health spending and transit plans latest campaign promises

Friday was the end of a busy week on the campaign trail

B.C. woman photographs massive ant swarm on Abbotsford driveway

She asked what the ants were doing? The answer: war

Most Read