School District 43 must pay $1.5 million for injury of Port Coquitlam student

A Port Coquitlam boy who suffered a mild traumatic brain injury when a steel volleyball pole fell on his head during preparations for PE class in 2011 has been awarded a $1.5-million settlement plus other costs to cover ongoing treatment, his future care and loss of employment earnings. Jose Marco Reyes, who was 10 and in Grade 6 at PoCos Minnekhada middle school when the accident occurred, suffers from headaches and other symptoms, according to court documents, and will see the funds put into trust until he is 19. School District 43 has been ordered to pay the sum as well as psychologist fees for the student and other charges, although it denied it was liable in the incident. According to a document filed in Supreme Court on Feb. 27, the settlement was based on a belief that it would be beneficial to the boy, among other things, and it means the Reyes family will not proceed with a lawsuit against the district; the trial, originally set for November 2014, has been cancelled. In the original lawsuit filed against SD43, the Reyes family claimed the district was negligent because it allowed Grade 7 students to remove the end posts for volleyball nets when there were adults capable of doing the work. It was while the end posts were being removed and Reyes was taking down the volleyball net that the steel pole was dropped, hitting him in the head. He lost consciousness and a great deal of blood, and was taken to Eagle Ridge Hospital, where he was found to have a frontal bone fracture in his skull. Paramedics also noted that he had a concussion, according to the Reyes' statement of claim,. The Reyes claim stated the boy suffered from numerous symptoms as a result of the incident, including chronic pain, memory problems, impaired concentration and difficulty sleeping. But in it statement of claim, the school district said it wasn't liable because the students involved failed to listen to the teachers instructions and weren't aware of their surroundings. The district also said in its claim that the boys symptoms were caused by other unrelated conditions. Among the damages awarded are $160,000 for non-pecuniary damages, $750,0000 for future loss of earning capacity, $400,000 for future care, $80,000 in management fees, $10,000 for special damages and $100,000 for costs and disbursements. The case resulted in several days of hearings and expert reports from neurologists, psychiatrists, a vocational specialist, an economist, occupational therapists and others.

Visit link:
School District 43 must pay $1.5 million for injury of Port Coquitlam student