90-year-old to give up to license after severely injuring woman in Parksville

Lealess pleaded guilty to driving without due care and attention and was sentenced on Thursday, Sept. 19 in provincial court in Nanaimo for the Motor Vehicle Act infraction.

“It’s clear in the circumstances there is no obstruction, there is nothing preventing Mr. Lealess from seeing the pedestrians who are indicated to be clearly in the crosswalk by a number of witnesses,” McCormick said as he laid out the facts of the case.

The incident happened during an afternoon with ideal weather and road conditions, McCormick noted.

According to multiple witnesses, Lealess, a Qualicum Beach man, was proceeding down Moilliet St. toward the highway and attempting to turn left at the junction marked with traffic lights.

The pedestrians were walking from the corner where the Tide’s Inn is situated to the opposite side of the busy highway.

One witness reported seeing the pedestrian right-of-way signal activated, while several others recalled hearing the chirping audio cue to aid Wota and her then partner to cross.

A trailing motorist told police Lealess slowed down and appeared to see the two people using the crosswalk, then the vehicle suddenly accelerated toward the pair.

Wota was flung in the air upwards of seven feet high and forced to the road 20 feet away from the intersection, the witness told police.

She laid motionless and unconscious, demonstrating signs of severe brain trauma to emergency responders.

Despite being hit, the man walking with Wota was not seriously injured.

An RCMP collision analyst reported Lealess’ car was travelling at least 37 kilometers an hour when it braked, which led to a significant dent to the hood after impacting Wota.

The car was determined by a certified vehicle inspector to be in good mechanical order with no defects that could have contributed to the incident.

The analyst noted Lealess took an incorrect path of travel while turning at the intersection.

There was no evidence Lealess was suffering from a medical ailment at the time.

Wota was flown to Victoria General Hospital in critical condition.

She was stabilized and transferred to Nanaimo hospital where she remained for five months to receive rehabilitative care.

Wota suffered a traumatic brain injury, and shoulder leg and hand injuries among other wounds.

“She has difficulty with vision in her left eye and she can no longer drive as a result,” McCormick told court.

Wota attended the sentencing hearing, appearing exhausted at times and also complaining of being in discomfort.

She has difficulty walking and is actively receiving a variety of rehabilitative health supports in the community.

A powerful impact letter submitted to the court outlined how Wota was working hard at the time of her traumatic injury to chart a positive future in her life.

She reports being often irritable, no longer working, and doesn’t know what the future holds.

“I have trouble with everyday life challenges, I suffer from much anger, resentment and depression. I’m unable to look after my son, who now lives with my mom. If I would have been able to move forward with my life I feel he’d be with me now.”

Sue Lessard, Wota’s mother, told NanaimoNewsNOW the incident has led to continuous overwhelming challenges.

“Its been a year-and-a-half since she was hit that day and I’ve watched her go downhill. She’ll have some good days and then all of a sudden she’s have awful days and I’ve noticed the minute she’s stressed its terrible.”

Lessard said the entire family is suffering, saying they used to have fun gatherings, but don’t seem to do that anymore.

Multiple witnesses reported Wota and a man had the right-of-way in the crosswalk as they attempted to cross Hwy. 19 at Moilliet St. when they were hit on March 6, 2023. (Submitted photo)

Defence counsel noted Lealess, who was nearly 89-years-old at the time of the accident, has acknowledged he will never drive again.

Jodie Hartman said Lealess indicated he was obstructed by a barrier in his blind spot at the time.

While Lealess declined to address the court or apologize in person to Wota as he walked by her, Hartman said he “feels absolutely horrible for what happened” and is full of remorse.

“He tells me he struck Ms. Wota and she went across his hood and he essentially panicked, and he didn’t know what to do, he braked then he pressed the gas and over to the side of the road he went,” Hartman said.

Judge Brian Harvey emphasized Lealess was being sentenced for a driving infraction, not a criminal one, and no sentence or fine could restore Wota to her prior condition.

“This defendant is being sentenced for his driving condition and that alone.” the judge said, insinuating public discourse regarding the sentence may be negative.

Lealess had no prior accidents or even any speeding tickets to his name in 70-years behind the wheel, court heard.

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by Ian Holmes

90-year-old to give up to license after severely injuring woman in Parksville

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