Wheelchair user awarded $400K after being ejected from seat in Richmond taxi

A Steveston woman who was ejected from her wheelchair and suffered significant injuries during a taxi ride has been awarded more than $400,000 in damages, a B.C. Supreme Court decision reads.

Jane Stillwell testified she was thrown from her spot at the rear of a Richmond Cab and into the bench seat in front of her due to negligence by her driver.

Richmond Cabs driver Gurdeep Singh Sohi picked up Stillwell from the Richmond Hospital to take her home to her residence in Steveston, according to court documents from March 2018. Along the way, Stillwell testified that Sohi was following the vehicle in front of the cab very closely.

Then, when the vehicle the taxi was following braked for a raccoon on the road, the taxi was forced to brake abruptly and sent Stillwell flying out of her seat.

B.C. Supreme Court Justice Francesca V. Marzari ruled that Stillwell was entitled to costs against Richmond Cabs and Sohi in a decision made on Dec. 27.

Marzari decided Sohi had not fulfilled his duty of care to Stillwell by neglecting to ask if she needed help fastening the specialized wheelchair seatbelt in the cab.

Stillwell uses a power wheelchair because she was diagnosed with muscular dystrophy when she was young and has slowly lost muscle strength throughout her body.

Court documents state Stillwell suffered significant injuries from the incident, including a broken nose, fractures in her leg and ankle, bruising, lacerations and whiplash.

Stillwell remained in hospital for two weeks after the incident, due to the extent of her injuries.

In her decision, Marzari awarded costs to Stillwell for massage therapy, physiotherapy, kinesiology, a pool pass, counselling, companion services, disposable briefs and a standing frame.

The costs of future care, coupled with non-pecuniary damages, add up to a total of $406,893 in damages for Stillwell.