B.C. Supreme Court awards local man almost $85 grand
By Nelson Daily Staff
A Nelson man has been awarded close to 85,000 for the physical and emotional injuries he suffered in July of 2004 said a B.C. Supreme Court online judgment.
Dylan Alexander Rhys Plishka-Humphreys was awarded $50,000 in non-pecuniary damages for pain and suffering, $25,000 for loss of earning capacity, $7,000 for future care — which includes psychotherapy and height-adjustable table, easel and desktop slant board for his work as an artist — and $2,250 for four medical appointments in Vancouver.
The assault happened when Plishka-Humphreys was 13 years old.
He and a few friends hit a passing truck with a ball bearing from a slingshot on the bluffs above Highway 3A and Government Road outside Nelson.
The ball bearing struck a passing truck, shattering the passenger-side window.
The occupants got out of the truck, chased the boys, assaulting them after they were caught.
The judgment said, “the plaintiff heard voices from the approaching men that they were going to “kill ‘em” and “rip their heads off”.
The judgment went on to say the plaintiff told the defendant that he was sorry, “I’m just a kid. I will pay the damages.”
The judgment also said the plaintiff was frightened because he was never involved in a fight before and the defendant stepped towards him, hit him in the face with considerable force.
The truck occupants, after punching the boys repeatedly, then took them back to the show them the damaged truck when a passerby saw something and called police.
Plishka-Humphreys was taken to hospital by ambulance, remaining for almost three days.
Both of his eyes and his nose were swollen, he suffered a fractured orbital bone and a concussion, and one of his teeth was broken and had to be extracted.
The defendant pled guilty to a charge of aggravated assault on September 21, 2005, and was sentenced to 30 days to be served on weekends plus probation.
Comments