13 March

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$80,000 Award for soft tissue injuries to neck and back

Posted by khauer

in Personal Injury, Soft tissue, Uncategorized

In the recently rendered decision of Senger v. Graham, 2018 BCSC 257, the plaintiff, a dental hygienist, was involved in a motor vehicle accident on August 6, 2014 in Nanaimo, B.C. The plaintiff was jolted forward then back on impact and suffered soft tissue injuries to her neck and back. Ms. Senger continued to work after the accident but not as much as she wanted to. Ms. Senger tried to be active although, as she testified, her injuries had put a limit on the activities she could do. She was once an avid equestrian but could not ride anymore. She...

24 February

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Husband awarded $20,000 for nervous shock after seeing accident scene and dying spouse

Posted by khauer

in Family Compensation Act, Nervous shock

Stegemann v. Pasemko 2007 BCSC 1062, tells the story of Mr. Stegemann and hiswife, Ms. Collier. They met in 1988 and became friends. They began to live together common law in 1991. They married in July of 1994. Ms. Collier had been skiing on March 9, 2003. Ms. Collier had made arrangements to ride home with some friends. Mr. Stegemann expected a phone call from Ms. Collier so that he could pick her up part way and drive her the rest of the way. He did not receive that call. He attempted to phone her but did not receive an...

11 February

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Minor vehicle damage, major bodily injury

Posted by khauer

in Low velocity impact, Personal Injury

In a recent case, Anderson v. Gagnon 2018 BCSC 98, the Supreme Court of British Columbia affirmed the rulings of Gordon v. Palmer, [1993] B.C.J. No. 474 (S.C.); Kallstrom v. Yip, 2016 BCSC 829; Lubick v. Mei, 2008 BCSC 555; and Duda v. Sekhon, 2015 BCSC 2393 on the principle that collisions involving minor damage to motor vehicles is not “the yardstick by which to measure the extent of injuries suffered by the plaintiff.” In Anderson v. Gagnon, the plaintiff was involved in two very minor motor vehicle accidents which resulted in injuries which were the subject of the lwsuit. The...

05 February

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Court upholds waiver in tragic Whistler accident

Posted by khauer

in Necessary Forms, Personal Injury, Releases and waivers

In a recent decision before the British Columbia Supreme Court, Jamieson v. Whistler Mountain Resort Limited Partnership 2017 BCSC 1001, the plaintiff, Dr. Blake Jamieson, was seriously injured on August 28, 2009 while mountain bike riding at a park owned and operated by the defendant Whistler Mountain Resort Limited Partnership ("Whistler"). He described the accident: his tire got caught briefly in some terrain at the top of a feature of the park called the "A-Line Rock Drop", causing him to be thrown over the handlebars. Unfortunately, he suffered a spinal cord injury; he is confined to a wheelchair. Dr. Jamieson brought...

26 January

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Passenger also negligent because she knew driver was drunk

Posted by khauer

in Contributory Negligence, Personal Injury

In a recent decision from the British Columbia Supreme Court in Park v. VW Credit Canada Inc. 2017 BCSC 1733, the Court was tasked with determining whether a passenger should be held partially responsible for her injuries as a result of riding in a motor vehicle operated by an intoxicated driver. In the early morning of January 26, 2013, the life of the plaintiffs' beloved daughter, Song-Yi Park, ended at the age of 26. She died in a horrific single car accident, when she was a passenger in a car driven by her live-in boyfriend, the defendant Jae-Ho Ouh. The plaintiffs...

19 January

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Food poisoning: the need to show causation

Posted by khauer

in Food poisoning, Personal Injury

In Bindseil v. McDonald's Restaurants of Canada Ltd. 2009 BCSC 61, the plaintiff developed terrible stomach cramps and bloody diarrhea one day after he consumed food at McDonald's on June 9, 2004. The plaintiff attended the doctor on June 11 and attended hospital few days later. Despite three tests indicating no abnormalities, plaintiff's intestinal problems continued. The plaintiff was diagnosed with colitis after the end of July 2004. The plaintiff had seen his doctor in March 2004 relating to bloody diarrhea. Four other patrons of the McDonald’s restaurant that day suffered abdominal upsets and diarrhea. The plaintiff brought an action...

12 January

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Loss in market value from selling home early due to crash not recoverable

Posted by khauer

in Personal Injury, Uncategorized

In a recent decision, the British Columbia Supreme Court provided an opinion on whether an individual injured in a motor vehicle accident could claim as damages the difference in the sales price of a home and the appraised value of the home at the time of the trial. The plaintiff claimed he was forced to sell the family home as a result of his injuries and by the time of trial, the value of the home had increased by $239,000. In Mann v. Kathuria 2017 BCSC 2229, the plaintiff brought an action for damages for personal injuries sustained in a rear...

07 January

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Injured party needn’t say exactly what she slipped on to establish liability

Posted by khauer

in Personal Injury, Trip and fall

In Robinson v. 1390709 Alberta Ltd. 2017 BCCA 175, an action involving a slip and fall at a restaurant, the British Columbia Court of Appeal dismissed the appeal of a restaurant holding that the restaurant failed to demonstrate that the trial judge committed any palpable and overriding error. The trial judge found the restaurant 100 per cent liable for the accident, finding that the customer gave credible, reliable evidence that there was a foreign item or substance on floor that created a potential hazard for customers, that restaurant's employee was not credible, that floor's colour and texture made it difficult to...

07 January

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Acting in the “Agony of the Moment”

Posted by khauer

in Contributory Negligence, Personal Injury

In a recent decision of Bye v. Newman, 2017 BCSC 1718, the plaintiff, a 31-year-old carpenter, suffered injuries when he was involved in a collision with defendant's all-terrain vehicle while the plaintiff was riding his dirt bike. The Supreme Court of British Columbia held that the defendant breached the standard of care expected of ordinary, reasonable, and prudent person by driving his ATV too quickly, and by crossing the centre of road into the oncoming side around a blind corner. The Defendant was 100 per cent liable. To extent that plaintiff's decision to turn to right contributed to his injuries, he acted in...