The incident transpired in 2018 when Sohi abruptly applied the brakes to avoid colliding with another vehicle. The sudden stop caused Stillwell to be ejected from her wheelchair, resulting in significant injuries
A Canadian cab company has been directed to pay over 400,000 Canadian dollars in compensation to a wheelchair-bound passenger, Jane Stillwell, who suffered severe injuries due to the negligence of the Indian-origin driver, Gurdeep Singh Sohi.
The incident transpired in 2018 when Sohi abruptly applied the brakes to avoid colliding with another vehicle. The sudden stop caused Stillwell to be ejected from her wheelchair, resulting in significant injuries. The Richmond News reported that the car in front of Sohi had braked to avoid hitting a raccoon, prompting the sudden stop.
The British Columbia Supreme Court issued the judgment on December 27, 2023, awarding Stillwell 171,470 Canadian dollars for future care and 10,423 Canadian dollars in special damages. The total compensation granted amounted to 406,893 dollars.
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Richmond Cabs Ltd and Sohi’s defense denied any breach of care and argued that there is no recognized standard for assisting an adult with fastening their seatbelt
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They also claimed that Stillwell contributed to the incident by failing to secure a belt attached to her wheelchair
During the nine-day trial, it was disclosed that Sohi, who had picked up Stillwell from Richmond Hospital, failed to secure her properly in her power wheelchair. Stillwell, who suffers from muscular dystrophy, sustained injuries including whiplash, bruising, lacerations, a broken nose, and multiple fractures in her lower body. She spent two weeks in the hospital and experienced a loss of muscle strength and function.
In her lawsuit against Richmond Cabs Ltd and Sohi, Stillwell argued that both parties were negligent. She claimed that Sohi should have ensured she was securely fastened with a three-point wheelchair seatbelt and should have inquired if she needed assistance. Additionally, she accused Richmond Cabs Ltd of negligence for not providing adequate safety measures.
Richmond Cabs Ltd and Sohi’s defense denied any breach of care and argued that there is no recognized standard for assisting an adult with fastening their seatbelt. They also claimed that Stillwell contributed to the incident by failing to secure a belt attached to her wheelchair.
While the judgment acknowledged Stillwell’s injuries and the negligence of the cab company and driver, Justice Francesca Marzari emphasized the importance of ensuring the safety of passengers with disabilities. Marzari stated, “This was particularly devastating for Ms. Stillwell, as the maintenance of muscle strength and function has been a lifelong fight against the effects of muscular dystrophy.” She further noted that Sohi knew the additional care required for passengers with disabilities and that his failure to properly restrain Stillwell was a crucial factor in the incident.
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