07 August

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

Posted by khauer

in Damges, pain and suffering, Soft tissue, wage loss, whiplash

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...

30 July

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Property owner not responsible for icy sidewalk fall – despite bylaw requiring snow removal

Posted by khauer

in Occupier's LIability, Trip and fall

In the recent decision of Scheck v. Parkdale Place Housing Society, 2018 BCSC 938, the plaintiff, Muriel Winona Scheck slipped and fell on an icy sidewalk in Summerland, B.C. on December 29, 2015. ' The icy sidewalk separated Angus Street in Summerland from a senior’s housing facility operated by the defendant Parkdale Place Housing Society (“Parkdale”), where Ms. Scheck lived. The icy sidewalk was the property of the defendant, The Corporation of the District of Summerland (“Summerland”). All parties agreed that Ms. Scheck fell on Summerland’s sidewalk, and that she injured herself in the fall. The court was tasked with determining if either...

23 July

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Man awarded $2 million after car accident, found to be a thin skull

Posted by khauer

in Personal Injury, Thin skull

The recent decision of Murphy v. Hofer 2018 BCSC 869, exemplifies the "thin skull" principle in the law. The thin skull rule makes the defendant liable for the plaintiff’s injuries even if the injuries are unexpectedly severe owing to a pre-existing yet stable condition. The plaintiff, Leo Murphy, (“Mr. Murphy”) asked for money damages for injuries he suffered in a motor vehicle accident that occurred on November 29, 2013 (the “Accident”). The defendants admitted liability for the Accident. However, they disputed the extent of the damages Mr. Murphy alleged he suffered. They alleged that the plaintiff was not a thin skull. At the...

18 June

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Ski resort negligent; waiver protects them from damages

Posted by khauer

in Necessary Forms, Releases and waivers, Uncategorized

Would the waiver be upheld? That was the question. In the recent decision of Fillingham v. Big White Ski Resort Limited 2017 BCSC 1702, on March 4, 2013, a snowboarder, the plaintiff, Gary Colin Fillingham, was seriously injured (including a broken leg) after skiing along a trail at the Big White Ski Resort. The ski run had a rope line that often prevented unimpeded access to the short cut, but the snowboarder found the rope line to be open. The snowboarder tried taking the short cut, but recent snow removal by the ski resort resulted in a sheer 10-foot drop down...

07 May

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Brain-damaged MTBI accident victim an unreliable witness, still entitled to damages

Posted by khauer

in Brain Injury, concussion, Uncategorized

In the recent decision of Gregg v. Ralen, 2018 BCSC 171, the plaintiff, Cody Gregg, claimed he suffered serious injuries including Mild Traumatic Brain Injury (MTBI) as a result of a motor vehicle accident. The plaintiff was riding as a passenger in a van driven by his uncle. The van was pulling an old flatbed trailer that held the plaintiff’s scooter. The trailer was struck from behind by a fully loaded semi-trailer truck weighing 65,000 pounds. The defendants admitted liability prior to trial. Therefore, the case proceeded for an assessment of damages. The defendants denied that the plaintiff suffered a MTBI or any...

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...

15 April

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Pedestrian Injury: District liable due to faulty utility-hole cover

Posted by khauer

in Trip and fall

Image of recessed in ground broken utility box. Risk of pedestrian injury

In the recent decision of Curtiss v. The Corporation of the District of West Vancouver, 2018 BCSC 509, the District of West Vancouver was held liable for the serious pedestrian injury Ms. Curtiss fell into an open meter box that was within a sidewalk owned by the District. There was no direct evidence as to how the lid to the meter box became dislodged. On the issue of liability, the question before the Court was did the District breach the standard of care by installing the meter box and lid at the location of Ms. Curtiss’ fall? If so, did...

09 April

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Ten-year-old cyclist not a fault for runner’s fall

Posted by khauer

in Cyclist, Duty of care, Jogger, Pedistrian, Runner

In the recent judgment of Perilli v. Marlow, 2018 BCSC 495, the British Columbia Supreme Court had to determine whether a 10-year-old child cyclist was liable for obstructing the path of a runner, resulting in a trip and fall injury. At about 5:00 p.m. On August 27, 2014, Mr. Perilli was out jogging in the area of Robson Street, Kamloops, British Columbia; it was sunny and warm. He typically ran about three times per week on a route that took him through the residential neighbourhood. The defendant, Ms. Marlow, was ten-years-old at the time of the accident. She had been taught...

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...

19 March

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No recovery in hit and run unless you make effort to find driver

Posted by khauer

in Hit and run, Personal Injury, Unidentified driver

In the recent decision of Greenway-Brown v. Kyung, 2018 BCSC 287, Ms. Brown sued in five actions for damages arising from five motor vehicle accidents on: November 25, 2014 (MVA 1), Greenway-Brown v. Kyung; May 24, 2015 (MVA 2), Greenway-Brown v. Mackenzie; January 30, 2016 (MVA 3), Greenway-Brown v. Yang; March 28, 2016 (MVA 4), Greenway-Brown v. ICBC; and June 2, 2017 (MVA No. 5), Greenway-Brown v. Lee. The five actions were heard together, pursuant to an earlier order of the Court. All the Defendants were represented by one counsel. The Defendants admitted liability for MVAs 2, 3, and 5,...