A B.C. person who claimed almost $3 million in damages in a car accident lawsuit has left the B.C. Civil Resolution Tribunal empty-handed.
In her , tribunal member Amanda Binnie said Innocent Jalloh was in a motor vehicle accident on Aug. 19, 2021.
Jalloh claimed ICBC should pay $999,999 in health-care rehabilitation benefits, $999,999 in income replacement benefits and $999,999 in permanent impairment compensation.
ICBC, however, said it has paid for all of Jalloh’s medical treatments to date and that Jalloh has not shown what additional treatments they are claiming.
The Crown corporation further said it is currently paying Jalloh income replacement benefits, and that Jalloh is not entitled to a lump sum payment for future income replacement benefits.
Finally, ICBC said it has paid Jalloh the permanent impairment compensation for the left shoulder partial rotator cuff and nothing further is owing.
Binnie said Jalloh, a 28-year-old roofer, was involved in accidents on Aug. 19, 2021, Dec. 23, 2022 and March 13, 2023.
“The parties agree the first accident was the most significant accident and caused the applicant to briefly lose consciousness,” Binnie wrote. “The applicant did not provide much detail about the second and third accidents, but I accept they occurred and had an impact on their symptoms.”
The first accident occurred while Jalloh was returning to the shop from a work trip, according to the ruling. As a result, Jalloh also has a claim with WorkSafeBC (WSBC).
The tribunal said Jalloh sustained a concussion, injuries to the left shoulder and neck pain.
“I do not have evidence about specific injuries from the second and third accidents but accept the applicant’s evidence that there was an aggravation of the injuries from the first accident,” Binnie said.
ICBC said it has paid $51,850.22 in income replacement benefits and is currently paying $765.08 in income replacement benefits, less the $327.82 that WSBC is paying.
Binnie said it is undisputed Jalloh has not returned to roofing since the first accident and likely never will.
Her ruling noted WSBC paid for Jalloh to retrain as a paralegal, and they received their diploma in May 2023.
“I have no evidence that the applicant has returned to any type of employment since the accident.”
Binnie said she had little idea where Jalloh came up with the $999,999 numbers.
Part of the case revolved around Jalloh’s range of motion loss in one shoulder.
“As the applicant has not proven their range of motion reduction is permanent, I find the applicant has not proven they are entitled to further permanent impairment compensation at this time,” Binnie said.
