Clipped From The Chilliwack Progress
Injured farmer wins in court An Agassiz farmer, who suffered severe head and internal injuries in a 1983 motor vehicle accident, has been award $446,250 in B.C. Supreme Court. Ken Schwaerzle, 37, of Agassiz received the award, despite the fact he was found to be 62.5 per cent responsible for causing the accident. Defendants in the case were the Insurance Insurance Corporation of B.C. and Walter James Lacey, 32, of Co-quitlam. Co-quitlam. Co-quitlam. Lacey was found to be 37.5 per cent negligent. The award represents 37.5 per cent of $1.19 million. That total included $500,000, which was identified by the court for pain and suffering; $400,000 for loss of income; and $84,000 for loss of income to the date of trial, plus "pre-judgment "pre-judgment "pre-judgment interest." The civil case was heard by Mr. Justice J.J. Gow and an 11-person 11-person 11-person jury. It required 6V2 court days during during December and January. Court was told that on Dec. 31, 1983, Schwaerzle was leaving Agassiz for Seabird Island in his 1972 sedan, ap proaching the Haig Highway about 4:30 p.m. It is believed Schwaerzle attempted to make a U-turn U-turn U-turn in front of Lacey's pickup truck when the crash occurred. Schwaerzle suffered a basal skull fracture plus severe internal injuries, including a ruptured spleen, contusion contusion of the lung and pelvic injuries. Schwaerzle was represented in court by John Lee of Baker, Newby and Co. of Chilliwack. Warren Kowbel, also a member of the firm, said Schwaerzle is currently milking 44 cows at his dairy farm. Kowbel said the lingering results of the head injuries are "an inability to be motivated to do all the work on his farm on time." He said where it used to take Schwaerzle two hours to milk his cows, it now takes him "three hours or more." "The real problem is one of motivation, motivation, plus some depression and a poor memory," Kowbel stated. He said Schwaerzle also has problems with double vision and some hearing loss.