Author: ERIK MAGRAKEN

“Little Weight” Given to ICBC Expert Witness With “Lack of an Open Mind”

Written by ERIK MAGRAKEN on July 17, 2019. Posted in Uncategorized.

Adding to this site’s archives of expert witnesses being judicially criticized for advocacy, reasons for judgement were published today by the BC Supreme Court, Vancouver Registry, expressing reservations about the reliability of an ICBC retained expert who “became somewhat combative during cross-examination” downplayed the Plaintiff’s subjective reports of pain and showed a “lack of an open mind“.

In today’s case (Luck v. Shack) the plaintiff was injured in a 2014 collision that the Defendant accepted fault for. The crash resulted in chronic soft tissue injuries and myofascial pain syndrome. In the course of the lawsuit the Defendant retained an orthopaedic surgeon who provided an opinion minimizing the Plaintiff’s injuries and their relationship to the crash. In concluding that “little weight” should be given to this doctor’s opinion Madam Justice MacDonald provided the following comments:

$150,000 Non-Pecuniary Assessment for Permanent Partly Disabling Neck and Shoulder Injuries

Written by ERIK MAGRAKEN on July 15, 2019. Posted in ICBC Chronic Pain Cases, ICBC Headache Cases, ICBC Shoulder Injury Cases, ICBC Whiplash Cases.

Reasons for judgement were published today by the BC Supreme Court, Vancouver Registry, assessing damages for permanent partly disabling injuries sustained in a vehicle collision.

In today’s case the Plaintiff was involved in a 2014 rear end collision. Fault was admitted by the Defendant. The Plaintiff sustained a variety of injuries including chronic headaches, neck and shoulder injuries. These had a poor prognosis and were expected to be permanently partly disabling in her occupation as a kinesiologist. In assessing non-pecuniary damages at $150,000 Madam Justice Winteringham provided the following reasons:

No Mistrial For “Inapropriate” Comments to Jury Where Corrective Instruction Will Do

Written by ERIK MAGRAKEN on July 11, 2019. Posted in Civil Procedure, Jury Trials.

Reasons for judgement were published today by the BC Supreme Court, Penticton Registry, denying a mistrial request based on inappropriate closing submissions to a jury.

In today’s case (Johal v. Johal) the Plaintiff was injured in a collision and sued for damages. The court noted that throughout his closing submissions, plaintiff’s counsel made several references to the fact the defendants did not call a case. These included:

$140,000 Non-Pecuniary Assessment for Chronic SUNCT Headaches

Written by ERIK MAGRAKEN on July 11, 2019. Posted in ICBC Chronic Pain Cases, ICBC Headache Cases.

Reasons for judgement were published today by the BC Supreme Court, Vancouver Registry, assessing damages for a rare headache disorder following two vehicle collisions.

In today’s case (Erickson v. Saifi) the Plaintiff was injured in two collisions and sued for damages. Liability was established. The crashes resulted in chronic SUNCT headaches along with soft tissue injuries. The prognosis for meaningful recovery was poor. In assessing non-pecuniary damages at $140,000 Madam Justice Baker provided the following reasons:

$115,000 Non-Pecuniary Assessment for L4-5 Disc Herniation

Written by ERIK MAGRAKEN on July 9, 2019. Posted in ICBC Spine Injury Cases.

Reasons for judgement were published today by the BC Supreme Court, New Westminster Registry, assessing damages for various injuries sustained in a collision including a L4-5 disc herniation with nerve root compression.

In today’s case (Rahemtulla v. Sutton) the Plaintiff was involved in a 2013 collision that the Defendant accepted fault for. The crash resulted in a variety of long lasting injuries including a low back disc herniation with nerve compression which required surgical intervention. In assessing non-pecuniary damages at $115,000 Mr. Justice Masuhara provided the following reasons:

ICBC Hit With Double Costs For “Unreasonable Refusal” To Settle Injury Claim

Written by ERIK MAGRAKEN on July 8, 2019. Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 9.

Reasons for judgement were published today by the BC Supreme Court, Kelowna Registry, ordering ICBC to pay double costs after their ‘unreasonable refusal’ to accept a sensible settlement offer in an injury claim.

In today’s case (Stark v. Bartier) the Plaintiff was injured in a collision and sued for damages. Prior to trial the Plaintiff sought to settle her claim for $70,000 plus costs. ICBC refused to accept. At trial ICBC was ordered to pay almost 80% more with a final judgement of $126,430.

The Plaintiff applied for an order of double costs

Rear-Ended Motorist Found Partly At Fault For Collision

Written by ERIK MAGRAKEN on July 5, 2019. Posted in ICBC Liability (fault) Cases.

As previously discussed, occasionally a motorist who is rear-ended by another can be found liable for the collision. Reasons for judgement were published today by the BC Supreme Court, New Westminster Registry, with such a result.

In the recent case (Bay v. Woollard) the Plaintiff struck a vehicle that had, moments prior, struck another vehicle. The middle motorist in the three car pile up was found 25% at fault for the second collision despite being rear-ended. The primary reason for this finding was the Defendant’s failing to brake before the first crash thus depriving the Plaintiff of full notice of the imminent hazard. In reaching a 75/25 split for the impact Mr. Justice Harvey provided the following reasons:

$50,000 Non-Pecuniary Assessment for Chronic Jaw Injury

Written by ERIK MAGRAKEN on June 28, 2019. Posted in Uncategorized.

Reasons for judgement were published today by the BC Supreme Court, Vancouver Registry, assessing damages for a chronic jaw injury sustained in a collision.

In today’s case (Zamora v. Lapointe) the Plaintiff was injured in a 2014 rear end collision. Liability was admitted by the Defendant. The crash resulted in various soft tissue injuries along with a temporomandibular joint injury. His back, neck and jaw symptoms continued to the time of trial and were not expected to fully recover. In assessing non-pecuniary damages at $50,000 Madam Justice Duncan provided the following reasons:

$75,000 Non-Pecuniary Assessment for Chronic Soft Tissue Injuries With Guarded Prognosis

Written by ERIK MAGRAKEN on June 28, 2019. Posted in ICBC Soft Tissue Injury Cases.

Reasons for judgement were published today by the BC Supreme Court, Vancouver Registry, assessing damages for a cyclist injured in a vehicle collision.

In today’s case (Wang v. Johal) the Plaintiff was injured in a 2014 vehicle collision. The Defendant struck the left side of her body and knocking her from her bicycle onto the pavement. Fault was admitted. The crash resulted in chronic soft tissue injuries to her leg and low back. There was some room for further improvement but the prognosis was generally guarded.

In assessing non-pecuniary damages at $75,000 Mr. Justice Mayer provided the following reasons:

Law and Equity Act Does Not Require Separate Crash Claims to be Heard Together

Written by ERIK MAGRAKEN on June 27, 2019. Posted in BCSC Civil Rule 22.

Reasons for judgement were published today by the BC Supreme Court, Vancouver Registry, confirming that it is discretionary, not mandatory, for a court to order injury claims arising from separate crashes to be heard together.

In today’s case (Hendricks v. Xie) the Plaintiff suffered profound injuries in a collision. Her claim was scheduled for trial. Prior to trial she was involved in a subsequent albeit less severe collision.

The Defendant brought an application saying both claims must be heard at the same time.