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

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

Shopping cart collector at B.C. Costco awarded $583,000 after getting pinned by car

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

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 dog-bite victim loses lawsuit

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

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

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

Just Posted

COVID-19. (Image courtesy CDC)
Interior Health reports 65 new cases of COVID-19

Province-wide, there are 887 new cases of the virus

Peter Wilson, left, and Micah Rankin, right, formed the Special Prosecutor team that was tasked with reviewing and litigating charges stemming from the Bountiful investigation. Trevor Crawley photo.
End of Bountiful prosecution wraps up decades of legal battles

Constitutional questions had to be settled before a polygamy prosecution could move forward

College of the Rockies Avalanche volleyball coaches (l-r) Bryan Fraser and Cisco Farrero continue to help their players develop their skills, despite the cancellation of competitive play for the 2020 academic year. (Submitted file)
Winter 2021 Avalanche volleyball season cancelled

Pacwest has curtailed competitive play for the winter 2021 semester

RDEK reminds public to register for their emergency notification system. File photo.
RDEK reminds residents to register for East Kootenay Evacuation Notification System

Provincial Alert system cannot be used for local emergencies

RCR’s snow making is one of the bulk water users in Kimberley. Matt Mosteller file
Kimberley bulk water rates to rise 20 per cent if bylaw adopted

Bylaw given first three readings this week

B.C. Health Minister Adrian Dix and provincial health officer Dr. Bonnie Henry update the COVID-19 situation at the B.C. legislature, Nov. 23, 2020. (B.C. government)
B.C. sets another COVID-19 record with 887 new cases

Another 13 deaths, ties the highest three days ago

Arthur Topham has been sentenced to one month of house arrest and three years of probation after breaching the terms of his probation. Topham was convicted of promoting hate against Jewish people in 2015. (Photo submitted)
Quesnel man convicted for anti-Semitic website sentenced to house arrest for probation breach

Arthur Topham was convicted of breaching probation following his 2017 sentence for promoting hatred

Langley School District's board office. (Langley Advance Times files)
‘Sick Out’ aims to pressure B.C. schools over masks, class sizes

Parents from Langley and Surrey are worried about COVID safety in classrooms

The baby boy born to Gillian and Dave McIntosh of Abbotsford was released from hospital on Wednesday (Nov. 25) while Gillian continues to fight for her life after being diagnosed with COVID-19.
B.C. mom with COVID-19 still fighting for life while newborn baby now at home

Son was delivered Nov. 10 while Gillian McIntosh was in an induced coma

B.C. Premier John Horgan, a Star Trek fan, can’t resist a Vulcan salute as he takes the oath of office for a second term in Victoria, Nov. 26, 2020. (B.C. government)
Horgan names 20-member cabinet with same pandemic team

New faces in education, finance, economic recovery

Join Black Press Media and Do Some Good
Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

The corporate headquarters of Pfizer Canada are seen in Montreal, Monday, Nov. 9, 2020. The chief medical adviser at Health Canada says Pfizer’s COVID-19 vaccine could be approved in Canada next month. THE CANADIAN PRESS/Ryan Remiorz
Health Canada expects first COVID-19 vaccine to be approved next month

Canada has a purchase deal to buy at least 20 million doses of Pfizer’s vaccine,

FILE – A paramedic holds a test tube containing a blood sample during an antibody testing program at the Hollymore Ambulance Hub, in Birmingham, England, on Friday, June 5, 2020. (Simon Dawson/Pool via AP)
Want to know if you’ve had COVID-19? LifeLabs is offering an antibody test

Test costs $75 and is available in B.C. and Ontario

The grey region of this chart shows the growth of untraced infection, due to lack of information on potential sources. With added staff and reorganization, the gap is stabilized, Dr. Bonnie Henry says. (B.C. Centre for Disease Control)
B.C. adjusts COVID-19 tracing to keep up with surging cases

People now notified of test results by text message

Most Read