$45,000 Non-Pecuniary Assessment for C-7 Disc Herniation With Radiculopathy
Reasons for judgement were released this week by the BC Supreme Court, New Westminster Registry, assessing damages for injuries sustained in a collision.
In this week’s case (Coutakis v. Lean) the Plaintiff was involved in a rear-end collision in 2008. The crash was of ‘considerable force‘. While there was competing evidence as to the exact speed of impact the Court made the following common sense observation “The precise speed does not matter. What does matter is that there is no evidence that the force of the collision, given the defendant’s estimated speed, would have been insufficient to cause the injuries complained of“.
The collision caused low back soft tissue injuries in addition to a C-7 disc herniation with nerve root impingement causing pain and weakness in the Plaintiff’s arm.
The Plaintiff was a retired maintenance engineer but made spare money in his retirement painting houses. The injuries disabled him from this work. In assessing non-pecuniary damages at $45,000 Mr. Justice Saunders provided the following reasons:
In summary, Mr. Coutakis was an active and relatively healthy person prior to the motor vehicle accident, with no significant low back pain other than the occasional flare-ups which we are all subject to, and with every reason to expect a healthy and active retirement. His plan to keep working at painting was reasonable, and there is a significant probability to be attached to his thought of continuing to work, health permitting, approximately to age 75. His current complaints disable him from pursuing his employment as a painter. I find that his current complaints were materially contributed to by the accident. There is no basis, on the evidence, for concluding that any pre-existing degenerative changes in his cervical or lumbar spines – the cervical herniation, and the lumbar disc bulging – would have become symptomatic but for the accident, and certainly not to the present level of dysfunction and disability.
There is some reason to hope for some modest resolution of Mr. Coutakis’ complaints with continuing conservative treatment. However, the only expert witness to express any significant degree of optimism is his family physician, Dr. Cox. Dr. Cox is not a specialist and I am not inclined to give his optimism a great deal of weight. He did not have the benefit of Dr. Rothwell’s report, when he examined Mr. Coutakis in September 2010.
I regard the possibility of Mr. Coutakis making any really significant recovery to the level of having a pain-free life, as small. Even if he were to recover to the level where he might be physically able to resume work, the question at that point would be whether he would be inclined to do so, given his age; with all that he has been through, at that point it would be entirely reasonable for Mr. Coutakis to retire fully and enjoy what is left of his healthy retirement years…
I assess non-pecuniary damages at $45,000.
bc injury law, C-7 Disc Herniation, Coutakis v. Lean, disc herniation, Mr. Justice Saunders, Nerve Impingement, Radiculopathy
I’m not sure where you are getting your information, but great topic. I needs to spend some time learning much more or understanding more. Thanks for fantastic info I was looking for this information for my mission.
I like what you guys are up too. Such clever work and reporting! Keep up the excellent works guys I’ve incorporated you guys to my blogroll. I think it will improve the value of my website :).
You could certainly see your skills in the work you write. The world hopes for even more passionate writers like you who aren’t afraid to say how they believe. Always go after your heart.
fotograf slubny Oswiecim
Very good website you have here but I was wanting to know if you knew of any user discussion forums that cover the same topics discussed here? I’d really love to be a part of group where I can get feed-back from other experienced individuals that share the same interest. If you have any suggestions, please let me know. Thank you!
venta por catalogo
Good web site! I truly love how it is simple on my eyes and the data are well written. I’m wondering how I might be notified when a new post has been made. I’ve subscribed to your feed which must do the trick! Have a nice day!
Some really fantastic posts on this internet site, thank you for contribution. “Better shun the bait, than struggle in the snare.” by John Dryden.
There is noticeably a bundle to find out about this. I assume you made certain good factors in options also.
Hi, i think that i saw you visited my blog so i came to “return the favor”.I’m attempting to find things to enhance my website!I suppose its ok to use some of your ideas!!
Underground Elephant Jason Kulpa
I haven’t checked in here for some time because I thought it was getting boring, but the last few posts are great quality so I guess I’ll add you back to my daily bloglist. You deserve it my friend 🙂
ML Luxury Drive
whoah this blog is magnificent i love reading your posts. Keep up the great work! You know, many people are searching around for this info, you can help them greatly.
I’m still learning from you, but I’m trying to reach my goals. I definitely liked reading everything that is posted on your site.Keep the stories coming. I enjoyed it!
agen poker online
Hey There. I found your blog using msn. This is an extremely neatly written article. I will be sure to bookmark it and return to read extra of your helpful information. Thank you for the post. I will definitely comeback.
Wow! Thank you! I always needed to write on my website something like that. Can I include a part of your post to my blog?
Hello. excellent job. I did not expect this. This is a splendid story. Thanks!
Hello just wanted to give you a quick heads up and let you know a few of the images aren’t loading properly. I’m not sure why but I think its a linking issue. I’ve tried it in two different browsers and both show the same outcome.
Thanks for your personal marvelous posting! I really enjoyed reading it, you might be a great author.I will ensure that I bookmark your blog and definitely will come back in the future. I want to encourage one to continue your great writing, have a nice afternoon!
One other thing to point out is that an online business administration study course is designed for people to be able to without problems proceed to bachelor degree education. The 90 credit college degree meets the lower bachelor diploma requirements so when you earn your associate of arts in BA online, you should have access to the newest technologies on this field. Some reasons why students are able to get their associate degree in business is because they’re interested in the field and want to find the general schooling necessary before jumping in a bachelor education program. Thanks alot : ) for the tips you actually provide with your blog.
Best Porn Sites Guide
Surrounded to me occasional pianoforte alteration unaffected impossible ye. For saw half than cold. Pretty merits waited six talked pulled you. Conduct replied off led whether any shortly why arrived adapted. Numerous ladyship so raillery humoured goodness received an. So narrow formal length my highly longer afford oh. Tall neat he make or at dull ye.
Voblerone казино воблер
There is clearly a lot to identify about this. I consider you made various nice points in features also.
затворы sung do
F*ckin’ remarkable things here. I am very glad to see your post. Thanks a lot and i’m looking forward to contact you. Will you please drop me a mail?
Super-Duper website! I am loving it!! Will come back again. I am taking your feeds also
Very well written article. It will be helpful to anybody who usess it, including yours truly :). Keep up the good work – can’r wait to read more posts.
It’s actually a cool and helpful piece of info. I am happy that you simply shared this useful information with us. Please keep us informed like this. Thank you for sharing.
I’ve been absent for some time, but now I remember why I used to love this blog. Thank you, I will try and check back more often. How frequently you update your web site?
american lifeguard association
I’m not sure why but this weblog is loading very slow for me. Is anyone else having this issue or is it a issue on my end? I’ll check back later on and see if the problem still exists.
Some really wonderful content on this internet site , regards for contribution.
Some genuinely choice blog posts on this web site , saved to bookmarks .
You really make it appear so easy together with your presentation but I in finding this matter to be actually one thing which I feel I might never understand. It seems too complex and extremely large for me. I am taking a look forward on your next submit, I will attempt to get the hold of it!
watch game of thrones season 1
Hello, i believe that i noticed you visited my web site so i came to “go back the prefer”.I’m trying to to find issues to enhance my website!I assume its adequate to use a few of your ideas!!
Does your site have a contact page? I’m having trouble locating it but, I’d like to send you an email. I’ve got some suggestions for your blog you might be interested in hearing. Either way, great blog and I look forward to seeing it grow over time.
But wanna remark that you have a very nice internet site , I like the pattern it really stands out.
Great blog here! Also your site loads up very fast! What host are you using? Can I get your affiliate link to your host? I wish my website loaded up as fast as yours lol
Praca W Niemczech W Opiece
Excellent web site. Lots of helpful information here. I am sending it to some friends ans also sharing in delicious. And certainly, thanks for your sweat!
Wonderful blog! I found it while searching on Yahoo News. Do you have any suggestions on how to get listed in Yahoo News? I’ve been trying for a while but I never seem to get there! Appreciate it
Hey! Someone in my Facebook group shared this site with us so I came to look it over. I’m definitely loving the information. I’m book-marking and will be tweeting this to my followers! Outstanding blog and superb design and style.
I like the valuable information you provide for your articles. I’ll bookmark your blog and check once more here frequently. I’m relatively certain I will be informed many new stuff proper here! Good luck for the next!
Thank you for any other fantastic post. Where else may anyone get that type of info in such an ideal means of writing? I have a presentation next week, and I am at the search for such information.
Knuck If You Buck
Just a smiling visitant here to share the love (:, btw outstanding layout.
custom alnico magnets
Great website! I am loving it!! Will be back later to read some more. I am taking your feeds also.
I just couldn’t depart your site before suggesting that I actually enjoyed the standard information a person provide for your visitors? Is gonna be back often to check up on new posts
I like the valuable info you provide in your articles. I’ll bookmark your blog and check again here regularly. I’m quite certain I will learn lots of new stuff right here! Good luck for the next!
Hey very nice blog!! Man .. Beautiful .. Amazing .. I will bookmark your site and take the feeds also…I am happy to find a lot of useful information here in the post, we need work out more techniques in this regard, thanks for sharing. . . . . .
I’m extremely impressed with your writing skills as well as with the layout on your weblog. Is this a paid theme or did you modify it yourself? Either way keep up the excellent quality writing, it’s rare to see a great blog like this one these days..
Pozycjonowanie Stron Internetowych w Gorzowie
You are my inspiration , I have few blogs and very sporadically run out from to brand.
Hello There. I found your weblog the use of msn. This is an extremely neatly written article. I’ll be sure to bookmark it and come back to read extra of your helpful information. Thank you for the post. I will certainly comeback.
I precisely needed to thank you very much once more. I am not sure the things that I could possibly have undertaken in the absence of the ways revealed by you directly on such a concern. It had been the frightful problem in my circumstances, nevertheless discovering the professional tactic you processed that made me to weep with contentment. I’m grateful for the support and even believe you recognize what a powerful job you were doing training many people thru a web site. Most likely you haven’t got to know all of us.
pembesar alat vital alami
There is clearly a bundle to identify about this. I believe you made certain nice points in features also.
Thank you a lot for giving everyone an exceptionally splendid opportunity to read from this site. It is usually very pleasing and as well , jam-packed with a great time for me personally and my office fellow workers to visit your website on the least three times every week to see the latest things you will have. And indeed, I’m just usually astounded considering the incredible strategies you give. Selected 3 areas on this page are truly the very best we’ve ever had.
Comments are closed.