Izony v. Weidlich, [2006] B.C.T.C. 1315 (SC)

MLB headnote and full text

Temp. Cite: [2006] B.C.T.C. TBEd. SE.032

Roy Raymond Izony (plaintiff) v. Michael John Weidlich (deceased) (defendant)

(16894; 2006 BCSC 1315)

Indexed As: Izony v. Weidlich

British Columbia Supreme Court

Prince George

Masuhara, J.

August 28, 2006.


This headnote contains no summary.

Damage Awards – Topic 150

Injury and death – Multiple injuries – General – See paragraphs 38 to 50.

Damage Awards – Topic 492

Injury and death – General damage awards – Loss of earning capacity – See paragraphs 58 to 69.

Damages – Topic 1288

Losses by third parties – Recoverable losses – General and special damages for personal care of injured person – See paragraphs 82 to 83.

Damages – Topic 1549

General damages – General damages for personal injury – Impairment of earning capacity – See paragraphs 58 to 69.

Torts – Topic 6630

Defences – Contributory negligence – Particular cases – Failure to use safety equipment (incl. seat belts) – See paragraphs 84 to 119.


D. Byl and R.S. Tindale, for the plaintiff;

S.D. Dley, Q.C., for the defendant.

This action was heard on February 20-24, 27 and 28 and March 1 and 2, 2006, by Masuhara, J., of the British Columbia Supreme Court, who delivered the following decision on August 28, 2006.

Please Note: The following judgment has not been edited.


Izony v. Weidlich

2006 BCSC 1315

Supreme Court of British Columbia
Reading Time:
42 minutes

Masuhara, J.
: On April 3, 2002 at around 2:30 a.m., Mr. Izony started an 11-hour drive from Prince George to Tsay Keh Village to pick up his mother to take her shopping in Prince George. At about 3:00 a.m. on Highway 97 about 1 kilometre north of Sponaugle Road, a 1991 Ford Crown Victoria driven southbound by Mr. Weidlich crossed the centre line and collided head on with Mr. Izony’s 2000 Dodge Ram pickup. Both vehicles were travelling at approximately 100 km/h. The speed change experienced by the Dodge was approximately 80 km/h. Mr. Weidlich was killed in the crash. Mr. Izony’s vehicle rolled down an embankment and Mr. Izony was ejected from the vehicle in the process. Passers-by found him a few minutes later with his left leg trapped under the left rear wheel of the Dodge, which had come to a stop upright. He was conscious. The passers-by called for emergency aid. The ambulance attendants arrived within a short time, attended to his injuries, noted that Mr. Izony was alert, rated him 14 out of 15 on the Glascow Coma Scale, and transported him to Prince George Regional Hospital. Mr. Izony has little recall of the accident, but was alert and oriented at the time of admission. After assessment, he was sedated, underwent surgery for his injuries, and was placed in the intensive care unit. He was gradually brought back to full consciousness some six weeks later. He was released from the hospital on July 12, 2002. However, he developed further complications. He now seeks damages for his injuries.

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