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Metro Vancouver driver ordered to pay $34K after road rage incident

A B.C. Supreme Court judge has ordered a woman to pay $34,000 in damages following a road rage incident near the George Massey Tunnel two years ago.

A B.C. Supreme Court judge has ordered a woman to pay $34,000 in damages following a road rage incident near the George Massey Tunnel two years ago.

 The road rage incident occurred the George Massey Tunnel. Photo by Rob Kruyt/Business In VancouverMassey Tunnel. Photo by Rob Kruyt/Business In Vancouver

The incident happened June 2, 2017 in a northbound lane on Highway 99 near the entrance of the tunnel.

According to the reasons for judgement, released last week, the plaintiff Michael Henderson received facial injuries as a result of a road rage incident involving the defendant Jacqueline McGregor.

Henderson, who was driving a smart car from Delta to Vancouver, testified that he was stopped in his vehicle due to traffic congestion as was trying to merge into the left hand lane. McGregor’s vehicle was travelling immediately behind his, in very close proximity – so close in fact, that he could see her in the driver’s seat in the rear view mirror. As she kept moving forward, Henderson said he thought that he was going to get hit by McGregor. He heard her honk her horn at him before her vehicle came to a stop. He also testified that it appeared to him that she was using her cell phone either talking or texting.

Henderson testified that he was concerned that McGregor’s vehicle had made contact with the rear of his vehicle, so he put his vehicle into park and got out walking to the rear to check for damage.

He then decided to walk over to McGregor’s vehicle, which he told the court he did so in a calm, non-aggressive and non-threatening manner. He saw her roll down her window. As he approached the vehicle he remarked that it was not a good idea to be on the phone while driving. At that point, he was no closer than two feet away from her window.

He said suddenly without warning, McGregor threw what Henderson felt to be a punch to his face causing his glasses to fly off and land in her car.

Henderson testified that at no point did he retaliate, raise his fist or gesture towards her or touch her vehicle. As he composed himself, he asked her for his glasses back, but she rolled up her window and drove off.

McGregor provided a different account of the incident, however.

She claimed that Henderson’s vehicle cut across several lanes of traffic and she honked her horn at him when he crossed in front of her vehicle. She denied that traffic was stopped. She said Henderson stopped his vehicle just after she honked her horn and ‘raced out of his car,’ running towards her screaming at her about being on the phone (which she said she was not).

Her window was open and she testified that she felt threatened and frightened and as he approached her window, saying she did not know what he was going to do.

She testified she pushed his face away with her hand, (an open handed sort of push).

After driving away, she claimed that Henderson chased after her. She pulled over into a large parking lot and called 911. She said Henderson got out of his vehicle and came over to hers describing his demeanour as aggressive throughout the encounter.

In his ruling, Justice Paul Walker said he accepted Henderson’s account of the events and that McGregor’s testimony was not credible.

“I found him to be an entirely forthright witness who provided a credible, candid, consistent and unshaken account of events,” said Walker. “Ms. McGregor’s testimony was not credible. Her evidence was internally inconsistent on key matters.”

Henderson received $20,000 for pain and suffering, $12,000 for loss of wages, $2,000 in aggravated damages and $980 in special damages for a total of $34,980.