Former DND employee injured in crosswalk fights for day in court
Government wants to send case to tribunal, cap compensation at $5,500 per injury.
Former DND employee Daniel Barcelo where he was hit by a truck in the crosswalk at Esquimalt and Canteen Roads in 2019.
On Christmas Eve 2019, Daniel Barcelo was walking to work at CFB Esquimalt when he was hit in a crosswalk by a truck driven by a Department of National Defence employee.
The light at the intersection of Esquimalt and Canteen roads was green for Barcelo. The crosswalk signal was working. And Barcelo was well into the crosswalk walk when he was hit by the DND truck and ended up in the hospital for 18 days.
Barcelo was diagnosed with a significant traumatic brain injury, a fractured skull, vertigo and chronic headaches. Now 70, he has never been well enough to return to work at the base because of ongoing vertigo related to the collision.
The former marine industrial labourer has launched a civil suit against the DND employee who was driving the truck and against the Attorney General of Canada, seeking compensation for his injuries and lost employment. DND vehicles are insured by the federal government and not by ICBC.
However, lawyers for the government have applied to stay the trial and send the case to the Civil Resolution Tribunal. They are alleging Barcelo’s injuries are minor, which means the compensation is capped at $5,500 per injury.
Victoria lawyer Richard Neary, who is representing Barcelo, will oppose the government’s application at a hearing Friday morning. Barcelo’s injuries are not minor and experts on both sides agree he has a traumatic brain injury, said Neary.
“That accident has ruined my life,” said Barcelo, who drove to the base Wednesday and met with former co-workers who have offered him support. “The guy that I was when I got up on Dec. 24, 2019, no longer exists. I can no longer do the things I like to do. I get dizzy. I get nauseous. I lose my balance. The worst thing is the dizziness. My alarm goes off and I roll over in the bed. Well, the whole room starts to spin.”
“I’m not fine,” said Barcelo, his eyes filling with tears.