Written by ERIK MAGRAKEN on . Posted in ICBC Knee Injury Cases, Occupier's liability claims.
Reasons for judgement were published today by the BC Supreme Court, Vancouver Registry, addressing fault and damages for a fall a Plaintiff sustained while walking on a wet boardwalk.
In today’s case (Owens v. Steveston Waterfront Properties Inc.) the Plaintiff fell and broke her right kneecap in an incident described as follows:
Written by ERIK MAGRAKEN on . Posted in ICBC Chronic Pain Cases, ICBC Soft Tissue Injury Cases.
Reasons for judgement were published today by the BC Supreme Court, Vancouver Registry, assessing damages for chronic pain with partial limitations arising from a vehicle collision.
In today’s case (Rabiei v. Oster) the Plaintiff was involved in a 2016 collision. The Defendants accepted fault. The crash resulted in various soft tissue injuries resulting in chronic pain in the plaintiff’s neck, back and shoulder. These injuries resulted in some impairment in the Plaintiff’s ability to work and also impacted activities outside work. Full recovery was not expected. In assessing non-pecuniary damages at $70, 000 Madam Justice Adair provided the following reasons:
Written by ERIK MAGRAKEN on . Posted in ICBC Liability (fault) Cases.
Reasons for judgement were published today by the BC Supreme Court, Vancouver Registry, dismissing a personal injury claim involving a cyclist struck by a vehicle.
In today’s case (Dhanoya v. Stephens) the Plaintiff cyclist rode into a marked crosswalk without stopping and was struck by a vehicle. The Court found the cyclist was fully at fault for the collision and had the cyclist kept a proper lookout the collision could have been avoided. In finding the cyclist solely liable Madam Justice Dillon provided the following reasons:
Written by ERIK MAGRAKEN on . Posted in ICBC Brain Injury Cases.
Reasons for judgement were published today by the BC Supreme Court, Vancouver Registry, assessing damages for a mild traumatic brain injury and post concussive problems caused by a collision.
In today’s case (Dornan v. Stephens) the Plaintiff was involved in a 2016 rear end collision. The Defendants admitted fault. The Plaintiff suffered a variety of injuries including a mild traumatic brain injury and post concussion syndrome which became chronic.
Written by ERIK MAGRAKEN on . Posted in Uncategorized.
As I’ve previously written, when a vehicle is involved in a crash and is then repaired it is generally worth less than it would be had it not been damaged. The reason for this is quite simple. When a buyer is looking to purchase a used vehicle, those that have previously been damaged and repaired carry a stigma. This stigma generally results in a lower resale value.
Written by ERIK MAGRAKEN on . Posted in ICBC Brain Injury Cases.
Reasons for judgement were published this week by the BC Supreme Court, Vancouver Registry, assessing damages for a mild traumatic brain injury caused by a collision.
In the recent case (Dube v. Dube) the Plaintiff was injured as a passenger involved in a single vehicle collision. The Defendant accepted fault. The crash caused a variety of injuries including a traumatic brain injury which caused cognitive deficits which were expected to linger indefinitely. In assessing non-pecuniary damages at $160,000 Madam Justice Burke provided the following reasons:
Written by ERIK MAGRAKEN on . Posted in ICBC Soft Tissue Injury Cases.
Reasons for judgement were published today by the BC Supreme Court, Nanaimo Registry, assessing non-pecuniary damages at $75,000 for persistent soft tissue injuries.
In today’s case (Stapleton v. Andrew) the Plaintiff was involved in a 2015 intersection collision. The Defendant accepted fault. The crash caused soft tissue injuries which lingered to the time of trial and were not expected to experience significant improvement in the future. In assessing non-pecuniary damages at $75,000 Mr. Justice Skolrood provided the following reasons:
Written by ERIK MAGRAKEN on . Posted in Uncategorized.
From April 1, 2019 onward BC crash victims have had their rights drastically reduced. One of the key rights stripped from British Columbians is the ability to go to Court.
Written by ERIK MAGRAKEN on . Posted in ICBC LVI (Low Velocity Impact) Cases.
Last year a BC Supreme Court level judgement dismissed a personal injury claim in part due to the logic that it is not foreseeable that someone will suffer injury in a low velocity impact collision in a parking lot. Today the BC Court of Appeal overturned this judgement finding the trial judge was wrong in their application of the foreseeability principle and that physical injury is foreseeable from collisions, even minor ones.