The man who left a Kamloops teenager with severe and lifelong brain injuries after beating him with a baseball bat has been ordered to pay nearly $7 million in damages.
In a ruling published yesterday, Justice Dev Dley awarded Simpson and his family a total of $6,935,445.79. It includes $3 million in the costs of future care and more than $1.3 million for loss of future earnings. Dley however stopped short of ordering Teichrieb to pay punitive damages.
Simpson’s lawyer says the punitive damages were necessary to punish Teichrieb’s because his conduct was ‘so malicious, high-handed and oppressive’ but Dley disagreed.
“The defendant has been punished by a significant jail sentence,” Dley said in his ruling. “A monetary fine will serve no greater purpose than the impact of the lengthy jail sentence.”
Simpson was beaten during an altercation five years ago outside Teichrieb’s house in Brocklehurst after he accidentally wandered onto the driveway while intoxicated. The court heard Teichrieb beat Simpson with a metal baseball bat, as well as with his hands and fists, after chasing him for 90 metres.
He will require 24-hour care for the rest of his life as he was left with permanent brain damage after the assault.
“Jessie was 18 years old at the time of his injuries. He has been robbed of the ability to lead a normal life and is now unable to enjoy the amenities of life that he would reasonably have expected,” Dley’s decision read. “He was a young man about to embark on the post-graduation challenges and experiences of life. Those are forever gone. Instead, he is now forever dependent on others to perform the basic necessities of life.”
The decision continues to say Simpson only has “some understanding” that he is disabled.
“Jessie can feed himself, provided his food is cut into small bites. He has some capacity to communicate but is unable to focus or attend to most tasks unless supervised. He cannot walk and is restricted to a wheelchair. He is unable to control his bowel or bladder,” the decision read.
“Jessie requires two people to assist with getting out of bed and to attend on any physical movements. He needs to be turned every two hours while in bed in order to avoid pressure sores.”
Teichrieb is currently serving a seven-year sentence after he pleaded guilty to one count of aggravated assault. Having spent some time in custody, he was sentenced to three years and eight months in jail in October 2018.
