Statue of Lady Justice at B.C. Supreme Court in New Westminster. (Photo: Tom Zytaruk)

Court awards Surrey Costco shopping cart collector $583K after car pins him

Kurtis Ryan Burdeniuk, 22, was retrieving carts when driver backed into him in the parking lot, pinning him

A Surrey Costco worker who was hit by a car while collecting shopping carts in the parking lot has been awarded $583,345 by a B.C. Supreme Court judge for physical and psychological injuries he suffered as a result of the accident.

Kurtis Ryan Burdeniuk was 22 at the time it happened, on Feb. 29, 2016. The court heard that after he had graduated from high school, and attempted to get credits at Kwantlen Polytechnic University, he began working part-time at Costco. This became a full-time job, in which his primary duty was to retrieve and organize shopping carts in the Surrey Costco parking lot.

Sydney Christie, the defendant in this case, admitted liability for the crash. Justice John Harvey presided over the case, in New Westminster.

The court heard this wasn’t the first time Burdeniuk was hit by a car in the Costco parking lot. In 2015, he was standing near a machine that pushes carts when a driver hit him while backing out. “He tried to engage the driver in conversation without success,” Harvey noted in his Feb. 19 reasons for judgment. “The driver drove off. The plaintiff attended first aid and eventually began to experience pain in his low back. He took approximately a week off work, then returned to full-time duties without experiencing ongoing symptoms.”

READ ALSO: Surrey pit bull bite victim loses lawsuit

READ ALSO: ICBC not liable for intoxicated Surrey driver, judge confirms

READ ALSO: Surrey restaurant owner who pointed handgun at staff loses court appeal

Prior to this latest crash, the court heard, Burdeniuk enjoyed snowboarding, hiking, and camping among other outdoor activities, and was “keen on keeping physically fit,” but all that changed.

In the 2016 accident, which happened in the early evening, Burdeniuk had been using a buggy machine to move carts that were “spilling into the lot” back into storage when he was hit from behind by Christie’s car. He was pinned against some carts, or the cart machine, and her trunk.

“He hit the vehicle’s trunk once, or more, and the driver then moved forward,” the judge noted in his reasons. “He stated he was able to exchange information with her and then went to the store to make a report to first aid.”

Christie testified her car had been parked in a stall with cars on either side. She said she did a shoulder check, saw nothing and began to reverse while looking forward to make sure she didn’t hit the cars on either side. She said she felt a “thump,” and said it felt like somebody was hitting the trunk of her car. Christie told the court she immediately braked then moved forward.

She asked Burdeniuk if he was okay, to which he replied “No, not really,” or something like that.

Burdeniuk told the court he felt squashed and trapped, with the trunk against his lower rib cage and a buggy handle pressing into his rib cage on the other side. He experienced a “burning sensation” in his lower back and hip, went to hospital, and the next day a doctor at the Cedar Hills Clinic prescribed anti-inflammatory medicine, told him to take two weeks off work and recommended physio and massage therapy.

The court heard he ended up seeing a psychiatrist and Harvey found that his “physical injury, while not severe, has resulted in a constellation of psychological symptoms which have caused him a significant degree of social isolation.”

Harvey awarded Burdeniuk $140,000 in non-pecuniary damages, $46,500 in past wage loss, $26,413 in special damages, $300,000 in future loss of earning capacity, $10,000 in loss of housekeeping capacity and $60,432 in cost of future care, making for a total of $583,345 in compensation.



tom.zytaruk@surreynowleader.com

Like us on Facebook Follow us on Instagram and follow Tom on Twitter

BC Supreme CourtSurrey

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Rugby practices to return to Lower Mainland fields this fall

B.C. Rugby announced its return to play plan July 7

Wanted Burnaby man arrested in White Rock

34-year-old facing 15 charges, including sexual assault

Despite what our editorial urged, councillors cannot be named to police board

In fact, Section 24 of BC Police Act aims to insulate police board from local politics

PHOTOS: South Surrey veteran honoured by South Korea as Ambassador for Peace

Medal presented to Donald McClellan an ‘expression of gratitude’ for service during Korean War

North Delta yoga studio’s Fridays at the Farm to benefit local animal sanctuary

The outdoor four-class series will benefit Perfect Pastures Animal Sanctuary in Ladner

Horgan says B.C. restart making gains as more people come out of their homes

B.C. announced the easing of more restrictions on businesses, recreation and travel last month

Conservatives say police should be called into investigate WE charity scandal

Trudeau is already under investigation by the ethics commissioner for potential conflict of interest

Amber Alert continues for missing Quebec girls, 6 and 11, and their father

Police issued the alert for Norah Carpentier, 11, and Romy Carpentier, 6, from Levis, Que.

Limit police access to lethal weapons in Indigenous communities: Justice Summit

Grassroots-organized National Indigenous Justice Summit was a free-to-attend two-day videoconference

Mayors welcome rideshare expansion to eastern Lower Mainland

As of Thursday, Lyft is now offering service throughout Metro Vancouver

Canadian policing organization calls for decriminalization of simple illicit drug possession

Canadian Association of Chiefs of Police want policing focus of opioid crisis to be replaced with a health one

Filing deadline in RCMP sexual-harassment class-action extended due to COVID-19

Plaintiffs now have until January 2021 to submit claims for up to $222,000

Hefty undeclared driver charges piling up, ICBC warns customers

Average extra penalty $2,971 after an at-fault accident

Survey, hotline launched amid probe into racist blood-alcohol guessing game at B.C. hospital

Mary Ellen Turpel-Lafond has been appointed to lead an investigation by Health Minister Adrian Dix

Most Read