The father of a young boy who was severely injured in a crash that killed two people at a Maple Ridge sushi restaurant is suing the driver, as well as two doctors.
Joel Corbin suffered a brain injury on Aug. 28, 2008, when Brian Craig Irving drove his truck through the Halu Sushi restaurant at Westgate mall, killing Maija-Liisa Corbett, 19, and Hyeshim Oh, 46.
Joel’s older sister, Juanita Corbin, and four others were also injured.
In a civil suit filed in Supreme Court last week, Michael Corbin seeks compensation for the severe injuries received by his young son in the crash.
Joel, who was nine years old at the time, was pinned under the truck and spent three weeks in a coma.
In addition to injuries to both his frontal lobes, a cranial nerve in his right eye was damaged, and his back, neck and right shoulder were injured.
The injuries have impaired Joel’s speech and perception, as well as altered his behaviour. He also has recurring nightmares and anxiety.
Michael Corbin said the injuries have forced Joel out of the regular school system.
Joel is now enrolled in Glen Eden Multimodal Centre, a school in Vancouver designed for children with learning challenges that costs the Corbins $60,000 annually and entails a five-hour daily commute.
“He’s on medication. He’s lost his ability to be a really productive member of society,” said his father.
Depending on his progress, Joel will need to spend a minimum of three years at Glen Eden.
“The courts gave a life sentence to my kids. My son is never going to be the same again. My daughter is never going to be the same again,” said Corbin.
The lawsuit names Irving and two physicians who treated Irving as defendants.
It alleged that Dr. Naraj Singh Heran, a neurosurgeon, and Dr. Hendrik Daniel Henstock, a general practitioner, failed to report that Irving had a medical condition which affected his ability to drive.
Both knew of Irving’s long history of alcohol abuse and the suit claims both knew or ought to have known he was likely to suffer from delirium tremens.
Heran had removed a hematoma from Irving’s brain, an injury he suffered after a drunken fall. Following surgery, Heran advised Irving that he should not drive, but told him he could resuming driving in June 2008.
The family has also filed a civil suit against ICBC, seeking damages for benefits the insurance company has refused to pay.
Irving was charged with two counts of criminal negligence causing death and seven counts of criminal negligence causing bodily harm in relation to the crash, but pleaded not guilty by reason of a mental disorder. He testified he had no recollection of the crash or the events up to a week after.
A judge found Irving not criminally responsible for the events of Aug. 28, 2008.
He is currently out of custody, but being supervised by a psychiatric team under strict conditions that include abstaining from alcohol.
The suit launched by the Michael Corbin is one of seven civil suits filed against Irving.
Halu Sushi staff Seongsook Lim, Si Kim, Hwa Lee, as well as Juanita Corbin and the children of Hyeshim Oh are all seeking damages.
Most of the civil suits were launched in 2008, but have yet to be settled or go to trial.
Irving has filed a statement of defence in some of the suits, denying “each and every” allegation.
He states that he previously suffered a concussion and head injury, as well as a disease that made him not responsible for his actions.
He maintains that the plaintiffs’ claims of lost income is limited by the provision of the Motor Vehicle Act. He has asked that the claims be dismissed with costs.
Related:
- Irving still bound by conditions (Feb 7, 2011)