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Hauer & Co. > Personal Injury

Dental malpractice action dismissed: implants were not the cause of chronic pain

DENTAL IMPLANTS NOT THE CAUSE OF CHRONIC PAIN. DENTAL MALPRACTICE ACTION DISMISSED. In the recent case of De Sousa v. Rogers, 2019 BCSC 128 Maria De Sousa brought an action in negligence against two dentists, Dr. John Rogers and Dr. Michael Racich, both general dentists. Dr. Rogers treated Ms. De Sousa in June 2011. Dr. Racich treated her between December 2011 and January 2013. Ms. De Sousa asserted that she received negligent dental work from the defendants in 2011 – 2012 resulting in a reduced quality of life and inability to work. The plaintiff's claim is that Dr. Rogers breached the standard...

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Municipality liable tor slip and fall, failed to inspect icy sidewalk

In the recent decision of Scheck v. Parkdale Place Housing Society, 2019 BCSC 48, the Supreme Court of British Columbia addressed the issue whether the municipality of Summerland was responsible for loss and injuries due to a slip and fall on an icy sidewalk. on December 29, 2015, the plaintiff Ms. Scheck was injured when she slipped and fell on an icy sidewalk adjoining her seniors’ residence in Summerland, B.C. The plaintiff sued Parkdale Place Housing Society (“Parkdale”), the occupier of the building in which she lived, and the Corporation of the District of Summerland (“Summerland”), on whose sidewalk she...

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Strata corp not liable for pedestrian hitting arm on sign post

In the recent decision of Paget v. Strata Plan LMS 1953 – Kenwood 2018 BCPC 213, the Claimant occupied a unit in a townhouse complex owned by the defendant strata corporation. On July 21, 2015, the Claimant, Kenneth Paget, then aged 62 years, was out walking when he struck his head on the horizontal arm of a stationary sign post near the driveway entrance to his townhouse complex, known as the Kenwood, located at 5298 Oakmont Crescent, in Burnaby, BC. The Claimant was returning from a walk and, on approaching the entrance to the complex, travelled off of the sidewalk...

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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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Police speeding at 147 km/h mostly at fault for intersection collision

In the recent decision of Gorman v. Meghji, 2018 BCSC 1904, the Supreme Court of British Columbia apportioned fault between two drivers involved in an intersection accident. On July 22, 2014 in the early afternoon, Constable Chad Gorman, an officer with the Langley detachment of the RCMP responded to a 911 call from a man who said he was being chased by someone with a gun (the “911 Call”). A Priority 1 call is the most urgent priority call for RCMP officers. The call was in Cst. Gorman’s zone of patrol and so he responded immediately. He initiated a U-turn...

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Burial bungled: the case of the tilting coffin

Cemetery black and white

In Kressin v. Memorial Gardens (BC) Ltd. 2004 BCPC 413 (British Columbia Provincial Court), the claimant claimed against the defendant funeral home and cemetery service alleging it breached the contractual arrangements in the following manner: (a) by failing to videotape the service as promised; (b) by mishandling the burial ceremony; and (c) by providing burial plots for the plaintiff and her late husband different from those agreed to. The defendant funeral home and cemetery denied any compensable wrongdoing except  the omission to videotape the service and in that regard submitted that the damages awarded should be minimal, if any. The funeral...

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Driver talking on a hands free cell phone not responsible for crash

In the recent decision of D'Amici v. Fahy, 2018 BCSC 1372 a determination of liability was made in an ICBC motor vehicle accident claim.  The accident in Vancouver, B.C.  At the time of the accident, the defendant driver was talking on a hands free cell phone.  He was travelling north on Main Street at around 4:00 p.m.  In the area where the accident occurred there are three northbound and three southbound lanes on Main Street. Traffic was light in the defendant’s direction but was very busy in the southbound lanes, with traffic stopping and starting. The plaintiff was travelling east...

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Stalled vehicle on a highway with no lights on creates hazard, driver liable

In the recent case of Godbout v. Notter, 2018 BCSC 1043, the  court found the driver of a stalled vehicle on a highway with no lights on was negligent. The injured plaintiff was the operator of a long-haul tractor trailer. He brought an action for damages because of a horrific car accident involving a salled vehicle on a highway with no lights on. The accident occurred on the westbound lanes of Highway 1, east of Chilliwack, BC on April 26, 2013. The accident involved the plaintiff's tractor-trailer and much smaller stalled vehicle, a black Kia (the “Kia”). The Kia was...

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Painted yellow line not needed to show a drop in pavement: change in asphalt colours can substitute

In the recent decision of Sapia v. Invermere (District), 2018 BCSC 1145, the court held a painted yellow line was not needed to identify a drop in pavement height, which could cause a fall.  The plaintiff, who was injured in a fall, sought damages from the municipality for negligent maintenance of a walkway leading to a senior citizen’s hall. On October 17, 2014, the plaintiff, Ms. Sapia, was 82 years old and a regular patron of the Invermere Seniors’ Hall (the “hall”). As she was leaving the hall, Ms. Sapia fell to her left in an area where the walkway...

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Inattentive pedestrian means village not responsible for fall

In the recent decision of Herrington v. Kaslo (Village of), 2018 BCSC 1077, the  court found an inattentive pedestrian who fell was not entitled to damages. The plaintiff claimed against the Village of Kaslo for damages due to a fall on September 8, 2012 on Water Street. Water Street is an unimproved part of the downtown area, which functions essentially as an alley. There are barriers to prevent vehicles from going over the edge of the drop off which is behind the barriers. There is no path on that side of the barriers. To the left of the area where...

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