Sheriffs negligent for violent take-down of elderly visitor – $65K damages awarded

Posted by khauer

in Damges, Evidence, pain and suffering, Weight

In the recent decision of Sweeney v. British Columbia 2018 BCSC 1832, the plaintiff sought damages after being injured after a takedown at the Victoria, B.C. courthouse in 2014. The issues before the Court were whether the sheriffs breached the standard of care in forcibly escorting Mr. Sweeney to the exit of the courthouse and/or executing the takedown, whether Mr. Sweeney was contributorily negligent, what injuries Mr. Sweeney suffered as a result of the takedown, and what damages are appropriate to compensate him for his injuries. The counsel for the Plaintiff was Karl Hauer. The counsels for the Defendant were...

21 April

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Shopper awarded $755,549.25 after supermarket slip

Posted by khauer

in Brain Injury, concussion, Evidence, mild traumatic brain injury, Trip and fall

In Harrison v. Loblaws, Inc. (Real Canadian Superstore), 2018 BCSC 575, the plaintiff, Lori Lee Harrison (“Ms. Harrison”) was awarded $755,549.25 after supermarket slip. Ms. Harrison made her claim under the Occupiers Liability Act, R.S.B.C. 1996, c. 337 (“OLA”) . She was injured in an accident that happened on March 25, 2012, at Real Canadian Superstore located in North Vancouver (the “Superstore”). The events leading up to the supermarket slip were not in dispute. Ms. Harrison walked into the Superstore with her son Chris. Chris’s phone rang and Ms. Harrison instructed him to answer his phone and to meet her in...

03 April

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Injured? Visit your doctor..or else

Posted by khauer

in Evidence, mitigation, Personal Injury, Weight

If you don't visit your doctor when you're injured, it could undermine your claim. In a recent decision, Moody v. Hejdanek 2018 BCSC 380, the plaintiff asked for damages because of injuries he suffered from a motor vehicle accident on January 3, 2013. The defendant admitted liability but disputed the amounts of damages claimed by the plaintiff. The plaintiff was born in 1981. He had played recreational golf since he was five years old and he has played very seriously since he was 13 years old. He attended university in the United States on a golf scholarship but he did not complete...