ICBC Law

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$75,000 Non-Pecuniary Assessment for Onset of Symptoms in Pre Existing Scoliosis

Reasons for judgment were published this week by the BC Supreme Court, Kelowna Registry, assessing damages for a collision causing the onset of symptoms in pre-existing asymptomatic scoliosis.

In the recent case (Cyryl v. George) the Plaintiff was injured in a collision when she was 17 years old.  Liability was admitted by the at fault motorist. The collision resulted in several injuries including pain in her previously asymptomatic spine.  The Plaintiff alleged that the collision went on to cause a chronic pain syndrome but the Court rejected this assertion.  In assessing non-pecuniary damages at $75,000 Mr. Justice Weatherill provided the following reasons:

[104]     I find, on the whole of the evidence, the plaintiff had an asymptomatic scoliosis condition as well as a 1.5 cm leg length discrepancy that became activated and aggravated by the Collision.  I find that the Collision caused the plaintiff to suffer the following injuries: several contusions, abrasions and lacerations to her face, headaches, a bitten tongue and soft tissue injuries to her jaw, neck and back. 

[105]     I also find that for approximately two months immediately following the Collision, the plaintiff continued to suffer considerable pain and discomfort in her neck, jaw and back as well as headaches.  I find that, while some pain and discomfort has persisted since then, it is not as prevalent and debilitating as the plaintiff has suggested.  Rather, I find that her pain symptoms flare up from time to time depending upon levels of activity and that she is able to tolerate her symptoms and cope well with the use of over-the-counter pain medication such as Advil.  I find that the only restrictions on the plaintiff’s activities are related to her symptom tolerance.

[106]     On the whole of the evidence, I am unable to find that the plaintiff has demonstrated a loss in cognitive function as a result of the Collision or that her ongoing symptoms have developed into Chronic Pain Syndrome…

[114]     In my view, the appropriate award of non-pecuniary damages in this case is $75,000.

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