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Hauer & Co. > Damges  > pain and suffering

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

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...

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Collision with train leads to $1.4 million award

In the recent case of Huang v. Canadian National Railway Company, 2018 BCSC 1235, a train owned and operated by the Canadian National Railway (“CNR”) struck the passenger side of Jane Huang’s vehicle. She was crossing railway tracks on Smith Crescent close to Glover Road in Langley, BC (“Smith Crossing”) (“Collision”). Ms. Huang was seriously injured in the Collision. Her most significant injuries include an incomplete spinal cord injury and a traumatic brain injury. Smith Crossing is one of a series of railway crossings adjacent to Glover Road, forming part of what is called the Page railway subdivision (“PSD”). The Canadian Pacific...

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Forty grams per day of marijuana likely to blame for plaintiff’s foggy memory

In the recent case of Kirby v. Loubert, 2018 BCSC 498, the plaintiff, Mr. Kirby, claimed damages for injuries he suffered in an intersection motor vehicle collision.  The collision occurred on March 4, 2009, in Vancouver.  Mr. Kirby was already a paraplegic at the time of the accident.  He used 20 grams per day of marijuana to help him deal with the pain. The defendant, Mr. Loubert, had been driving northbound on Main Street and was turning left at National Avenue.  Mr. Kirby was driving southbound on Main Street in the curb lane, heading straight through that intersection.  They collided as...

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Whiplash and Soft Tissue Injuries leads to $1.9 million court award

In the recent case of Johnstone v. Rogic, 2018 BCSC 988, the plaintiff, Julie Lily Johnstone (“Ms. Johnstone”) asked for money compensation for whiplash and soft tissue injuries she received in a car accident.  The accident that occurred on November 18, 2013. She was 38 years old at the time of the accident and had not suffered injuries from any motor vehicle collisions prior to that date. This was her first time suffering from whiplash and soft tissue injuries. Liability for the accident was admitted by the defendant. Ms. Jonestone was a Quality Assurance Manager at Jacobs Engineering, a company for...

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