A Halfmoon Bay man has been awarded $785,000 in damages by the B.C. Supreme Court following a vicious baseball bat assault in 2002.Michael Allen Matthew, 25, and 19 at the time of the assault, was rushed to Lion's Gate Hospital Jan. 3, 2003 for emergency neurosurgery after receiving a blow to the head at a New Year's Eve party three nights before.
In her reasons for judgment released last week, Supreme Court Justice Carol Ross said the injuries Matthew suffered when he was struck with the baseball bat severely altered his personality and damaged his ability to maintain long-term employment.
The 16-page decision, available for public viewing at www.courts.gov.bc.ca, came as a result of a lawsuit launched by Matthew against Travis Nathan Tattrie. Matthew was seeking compensatory and punitive damages.
Several other defendants are listed on the official court document, but other court documents indicate that Matthew has already settled with some of those defendants for about $325,000 in damages in separate cases related to his injury.
Tattrie was charged with aggravated assault and pled guilty. He received a sentence of one-year incarceration and a two-year probation order following a separate criminal case.
According to Justice Ross's decision, Tattrie and Matthew were at the house party when Tattrie took objection to something Matthew said and struck him with the bat.
Following the assault, Tattrie and his fellow party-goers took Matthew to hospital, but gave no details of his condition, and Matthew was released.
The following morning, Matthew was vomiting and could not speak. He was taken again to St. Mary's Hospital and then rushed to Lions Gate Hospital for surgery on Jan. 3.
"Although Mr. Tattrie, together with others who attended the party, took Mr. Matthew to hospital, they did not disclose the nature of Mr. Matthew's injury," wrote Ross. "Later, the party-goers placed several calls to Mr. Matthew's home, but again, the nature of the injury was not disclosed to his mother. This contributed to a delay in treatment."
Ross wrote the attack left Matthew with epilepsy, permanent cognitive impairments, personality changes, debilitating fatigue, an increased risk of dementia and poor impulse and anger control.
During the trial, which took place in Vancouver on Dec. 1 and 2, 2008, neurology, psychiatric and occupational therapy specialists testified on Matthew's behalf, noting his need for professional care.
"Mr. Matthew's life has permanently altered as a consequence of his injuries," wrote Ross. "Prior to the assault, he was a healthy young man capable of leading an independent and satisfying life."
Matthew's mother Sharlyn Bullen said she has some comfort that the judge ruled in their favour.
"Michael's life is permanently changed because of this, but I'm glad that the judge saw it this way and ruled the way she did," Bullen said.
