$135,000 Non-Pecuniary Damages Awarded for Torn Pectoralis Major Muscle

Written by admin on . Posted in ICBC Liability (fault) Cases, ICBC Shoulder Injury Cases, Uncategorized.

(UPDATE: May 9, 2012 … The Trial Judge’s findings regarding liability were appealed.  The Appeal was dismissed today.)

Reasons for judgement were released today by the BC Supreme Court, Nanaimo Registry, awarding just over $450,000 in damages for injuries and losses arising out of a 2006 BC Motor Vehicle Collision.
In today’s case (Power v. White) the Plaintiff was involved in a 2 vehicle collision.  As the Plaintiff was driving down the Island Highway a deer ran into his lane of travel threatening collision.  The Plaintiff reacted suddenly by changing into the right lane and braking as hard as he could.  Unfortunately this was not sufficient and the Plaintiff’s vehicle struck the deer.  Shortly afterwards the Defendant, who was travelling in the right lane, collided with the rear of the Plaintiff’s vehicle.  Fault was at issue however the Mr. Justice Verhoeven found that the Plaintiff reacted reasonably to the threatened collision and that the Defendant was 100% at fault for failing to drive with all due care and attention.
The Plaintiff suffered various injuries the most serious of which was a tear to his pectoralis major muscle.  This injury did not fully heal and was expected to effect the Plaintiff well into the future.  The Plaintiff’s family doctor provided the following evidence with respect to the severity of this injury:

In review, Mr. Power sustained injuries to his right pectoralis major (partial tear) to the right T-6 area as well as some transient injuries to the soft tissues in his right shoulder and base of neck and right buttock area. These complaints started after his accident and have been persistent and continuous since that time. Institution of physiotherapy, chiropractic and exercised based therapy have been useful in increasing some of his functional capacity since the accident, but have plateaued in that the pain from either his right pectoralis area or the T-6 area have limited any further advancement of intensity or duration of his exercise. These injuries have significantly limited his recreational activities, particularly swimming, biking and running as well as his ability to care for his house and yard, particularly the use of his power saw, shovels and mowing his lawn. At work he generally does not have a lot of limitation as he is able to get up from his seat when he needs to but does have limited sitting capacity as has previously been outlined. He does and would have some problems turning some of the heavy valves and climbing the ladders if there is a breakdown at the mill, however he does have a partner and this has generally worked out that the partner has done this.

Mr. Power has sustained significant injuries from the accident. His functional limitations have been outlined in detail. They are significant for his recreational and household and yard activities. At this time I do not see a significant future recovery for these and at the moment I am unable to find a surgeon who would consider repairing this injury, although I will persist in searching the literature for a possible solution for this problem. Mr. Power has shown he is determined to remain active, having returned to work promptly after his accident, followed all of my instructions as well as his therapist’s instructions to the letter and done a persistent and significant job in increasing his activities to what is now his limit due to pain in the aforementioned areas and I do not see his disabilities resolving in the near future.

Mr. Justice Verhoeven awarded the Plaintiff $135,000 for his non-pecuniary damages (money for pain and suffering and loss of enjoyment of life).  In reaching this figure the Court provided the following reasons:

[82]         In this case, Mr. Power has suffered a very significant and permanent loss to the lifestyle he previously enjoyed. Virtually all of his previous physical activities have been severely curtailed. Prior to the accident Mr. Powers physical vigour was central to his life and lifestyle. His mood and emotional well being have been negatively affected. His relationship with his wife has been harmed. His ability to improve and maintain his property, quite obviously a source of great pleasure and pride to him formerly, is all but completely gone. He has not and will not in future be as physically fit as he previously was. It is reasonable to infer that this may affect his health long term. I think it likely that Mr. and Mrs. Power will sell their five acre property and move into a residence that does not require so much effort to maintain…

[84]         In all these circumstances, I assess the plaintiff’s non-pecuniary loss at $135,000.

Agony of Collision, deer accident, inevitable accident, Mr. Justice Verhoeven, non-pecuniary damages, Power v. White, Torn Pectoralis Major Muscle

Comments (49)

  • W88.com

    Outstanding post but I was wondering if you could write a litte more on this topic? I’d be very thankful if you could elaborate a little bit further. Appreciate it!

  • venta por catalogo

    What’s Happening i am new to this, I stumbled upon this I have found It positively helpful and it has helped me out loads. I hope to contribute & assist other users like its helped me. Good job.

  • crystalclutch.com

    Thank you for sharing superb informations. Your site is so cool. I’m impressed by the details that you have on this website. It reveals how nicely you perceive this subject. Bookmarked this website page, will come back for more articles. You, my pal, ROCK! I found simply the information I already searched all over the place and just could not come across. What an ideal web-site.

  • marcel van hooijdonk

    Hi! This post could not be written any better! Reading through this post reminds me of my good old room mate! He always kept chatting about this. I will forward this post to him. Pretty sure he will have a good read. Thank you for sharing!

  • scrum master

    I must show my respect for your kindness giving support to people that have the need for guidance on the situation. Your very own commitment to getting the message all-around turned out to be pretty invaluable and has truly encouraged workers much like me to attain their dreams. This useful tips and hints means this much a person like me and still more to my colleagues. Thanks a ton; from all of us.

  • 야마토릴게임

    It’s actually a great and useful piece of information. I am glad that you simply shared this helpful info with us. Please keep us up to date like this. Thank you for sharing.

  • location range rover

    This is really interesting, You’re a very skilled blogger. I’ve joined your rss feed and look forward to seeking more of your great post. Also, I have shared your site in my social networks!

  • poker

    Hiya! Quick question that’s entirely off topic. Do you know how to make your site mobile friendly? My website looks weird when browsing from my apple iphone. I’m trying to find a theme or plugin that might be able to correct this problem. If you have any suggestions, please share. Thank you!

  • 릴게임

    Hi, Neat post. There’s a problem along with your web site in internet explorer, could test this… IE nonetheless is the marketplace leader and a huge part of other people will leave out your great writing due to this problem.

  • poker online

    Today, I went to the beach front with my kids. I found a sea shell and gave it to my 4 year old daughter and said “You can hear the ocean if you put this to your ear.” She placed the shell to her ear and screamed. There was a hermit crab inside and it pinched her ear. She never wants to go back! LoL I know this is entirely off topic but I had to tell someone!

  • מצלמות אבטחה לעסק

    Attractive component to content. I simply stumbled upon your weblog and in accession capital to claim that I get actually loved account your blog posts. Any way I will be subscribing to your augment or even I achievement you get admission to consistently fast.

  • m w88

    As I site possessor I believe the content matter here is rattling magnificent , appreciate it for your hard work. You should keep it up forever! Good Luck.

  • lån

    I simply couldn’t depart your website prior to suggesting that I actually loved the usual info a person provide for your visitors? Is gonna be again often in order to investigate cross-check new posts.

  • 야마토게임

    An impressive share, I just given this onto a colleague who was doing somewhat analysis on this. And he in reality purchased me breakfast because I discovered it for him.. smile. So let me reword that: Thnx for the deal with! But yeah Thnkx for spending the time to debate this, I really feel strongly about it and love studying extra on this topic. If potential, as you become expertise, would you mind updating your weblog with more particulars? It is extremely helpful for me. Massive thumb up for this weblog put up!

  • Best Porn Sites Guide

    Extremity sweetness difficult behaviour he of. On disposal of as landlord horrible. Afraid at highly months do things on at. Situation recommend objection do intention so questions. As greatly removed calling pleased improve an. Last ask him cold feel met spot shy want. Children me laughing we prospect answered followed. At it went is song that held help face.

  • 우리 카지노

    Hi, Neat post. There is a problem with your site in web explorer, could check this… IE nonetheless is the marketplace chief and a good component of folks will pass over your wonderful writing because of this problem.

  • HEADPHONES

    Hmm is anyone else encountering problems with the images on this blog loading? I’m trying to find out if its a problem on my end or if it’s the blog. Any feed-back would be greatly appreciated.

  • lifeguard certificate

    Thank you for sharing excellent informations. Your web site is very cool. I am impressed by the details that you have on this website. It reveals how nicely you perceive this subject. Bookmarked this web page, will come back for more articles. You, my friend, ROCK! I found simply the info I already searched everywhere and just could not come across. What a perfect website.

  • เช่ารถตู้ Vip

    I have to show appreciation to you for bailing me out of this particular crisis. Just after looking through the the net and seeing ways which are not pleasant, I believed my entire life was gone. Being alive minus the solutions to the difficulties you’ve fixed by way of your entire short post is a serious case, as well as those that could have adversely damaged my entire career if I hadn’t come across your website. Your main knowledge and kindness in dealing with every part was important. I’m not sure what I would’ve done if I had not come upon such a step like this. I’m able to at this time look ahead to my future. Thank you very much for this impressive and results-oriented help. I will not think twice to endorse the sites to anybody who should receive tips on this subject.

  • 먹튀폴리스 가족방

    I really wanted to type a brief comment in order to appreciate you for the precious tips you are giving out at this site. My prolonged internet look up has finally been rewarded with excellent strategies to write about with my family. I ‘d suppose that most of us readers are really lucky to live in a very good place with so many outstanding individuals with beneficial tactics. I feel pretty blessed to have come across your web site and look forward to plenty of more amazing minutes reading here. Thank you once more for all the details.

  • watch game of thrones

    Hey! I know this is kinda off topic but I was wondering which blog platform are you using for this website? I’m getting sick and tired of WordPress because I’ve had problems with hackers and I’m looking at options for another platform. I would be great if you could point me in the direction of a good platform.

  • 토토 사이트

    Greetings from California! I’m bored to death at work so I decided to browse your blog on my iphone during lunch break. I love the information you present here and can’t wait to take a look when I get home. I’m surprised at how quick your blog loaded on my mobile .. I’m not even using WIFI, just 3G .. Anyhow, fantastic site!

  • เช่าเต๊นท์

    Thank you so much for providing individuals with an exceptionally marvellous possiblity to read articles and blog posts from this site. It is often very good and jam-packed with fun for me and my office peers to search your site at the least 3 times every week to see the fresh items you have. Not to mention, I am just at all times motivated with your attractive concepts you serve. Selected 3 tips in this posting are completely the most impressive we have had.

  • 먹튀폴리스 검증

    Hello just wanted to give you a quick heads up. The text in your article seem to be running off the screen in Safari. I’m not sure if this is a formatting issue or something to do with browser compatibility but I thought I’d post to let you know. The style and design look great though! Hope you get the issue fixed soon. Kudos

  • 먹튀검증단

    One other issue is that if you are in a circumstances where you will not have a cosigner then you may genuinely wish to try to wear out all of your school funding options. You will discover many grants or loans and other scholarships that will offer you money to help you with university expenses. Thanks a lot for the post.

  • lifeguard courses

    Attractive section of content. I just stumbled upon your web site and in accession capital to assert that I get in fact enjoyed account your blog posts. Any way I’ll be subscribing to your augment and even I achievement you access consistently fast.

  • 야마토카지노

    Thank you for sharing these kind of wonderful articles. In addition, the optimal travel in addition to medical insurance system can often ease those problems that come with journeying abroad. The medical emergency can shortly become costly and that’s certain to quickly set a financial load on the family finances. Having in place the great travel insurance offer prior to leaving is well worth the time and effort. Cheers

  • 토토사이트 추천

    Thank you for sharing excellent informations. Your web-site is so cool. I’m impressed by the details that you have on this website. It reveals how nicely you perceive this subject. Bookmarked this website page, will come back for extra articles. You, my pal, ROCK! I found simply the info I already searched everywhere and just could not come across. What a great web-site.

  • smco magnets

    I genuinely enjoy reading through on this web site , it contains wonderful blog posts. “The secret of eternal youth is arrested development.” by Alice Roosevelt Longworth.

  • 먹튀폴리스

    Thank you a bunch for sharing this with all folks you actually recognize what you are talking approximately! Bookmarked. Kindly additionally seek advice from my site =). We can have a hyperlink alternate contract between us!

  • nonton movie

    Can I simply say what a aid to search out someone who really knows what theyre talking about on the internet. You positively know tips on how to deliver a problem to gentle and make it important. Extra folks need to read this and perceive this side of the story. I cant consider youre not more in style because you definitely have the gift.

  • 메이저토토

    Magnificent goods from you, man. I have be aware your stuff prior to and you are just too excellent. I really like what you have bought right here, really like what you are stating and the way in which wherein you say it. You are making it entertaining and you still take care of to keep it sensible. I cant wait to read much more from you. This is actually a wonderful website.

  • pembesar alat vital alami

    A lot of whatever you say happens to be supprisingly appropriate and it makes me wonder why I hadn’t looked at this in this light previously. This article really did turn the light on for me personally as far as this subject goes. But there is actually one factor I am not really too cozy with so whilst I make an effort to reconcile that with the main theme of the position, allow me see exactly what the rest of your subscribers have to say.Well done.

Comments are closed.

Contact

If you would like further information or require assistance, please get in touch.

ERIK
MAGRAKEN

Personal Injury Lawyer

When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

“Work hard, be kind and enjoy the ride!”
Erik’s Philosophy

    Disclaimer