More on Injury Claims and Plaintiff Credibility
Further to my previous articles on this topic, little can do more damage to a lawsuit than a Court finding a Plaintiff lacks credibility. When advancing an injury claim it’s important to know the types of factors Courts review in gauging whether a witness should be believed. Reasons for judgement were recently published by the BC Supreme Court, Nanaimo Registry, discussing some of these.
In today’s case (S.T. v. S.K.) the Plaintiff was involved in a severe motor vehicle collision in 2007. The driver of the offending vehicle admitted fault. The Plaintiff sued for compensation for her personal injuries which included trauma to her left shoulder and right ankle. The Plaintiff was ultimately awarded compensation for her injuries. Prior to assessing damages, however, the Court highlighted some concerns with the Plaintiff’s credibility. Madam Justice Smith provided the following criticism of the Plaintiff’s evidence:
 I will begin with some observations about the credibility of the plaintiff. I have concluded that, unfortunately, I cannot rely with entire confidence on her testimony. The reasons for this conclusion are as follows.
 First, some of her claims are exaggerated. For example, at the examination for discovery, at Question 319, the plaintiff was asked:
Q All right, so explain to me about the depression. How is it that you relate that to the accident?
A To give an example, if I said before the accident if I had – I was healthy, I was happy, I had good choice of boyfriends really to the point that they were motivated, outgoing, took care of me, respectful. After the accident I couldn’t do sports, I couldn’t do anything that I did all my life with all my best friends that I grew up with for twelve years. I couldn’t do to the best of my ability of sports that I used to do, and acting, and stuff like that. And because of that it brought me down, it brought me extremely down to the point of where I – I was just so lonely and alone that I was pretty much willing to have any kind of boyfriend that would take me, literally, just because I was – I felt like I had nothing left by the time, you know.
 The answer at discovery was an exaggeration, I must conclude, in light of the plaintiff’s admission at trial, under cross-examination, that after the accident she led a very active social life, had a lead role in the school musical, and participated (though in a reduced way) in sports, including volleyball and soccer.
 Second, where one might expect witnesses to be called to corroborate the plaintiff’s evidence regarding her symptoms, the plaintiff called only one witness in that respect, her mother. I do not suggest that L.B. is not a credible witness, but she does have a very close relationship with her daughter and an obvious motive to view the evidence in a way that would be favourable to her daughter. Also, L.B.’s ability to corroborate the plaintiff’s evidence was limited by the fact that the plaintiff has not lived at home for extended periods of time since the accident, and is currently not living at home. No friends of the plaintiff were called, nor any fellow employees or supervisors, to relate their observations of the plaintiff experiencing the kinds of difficulties she described in her testimony.
 Third, in her application for admission to the licensed practical nurse program at Vancouver Island University, the plaintiff wrote: “I am also in very good health. I know that working as a care aide is at times heavy work.”
 Under cross-examination, she was asked whether she was in very good health and answered, “No.” Asked whether she was misrepresenting her health in the application letter, she was unable to explain this discrepancy, as seen in the following extract from her evidence at trial. I quote from page 73 of the transcript of the May 21 evidence, beginning at Line 29:
Q Well, S.T. ??
A At the time I’m sure I would not have been thinking about healthwise related to my pain in my shoulder or as of that time, pain in my ankle. I would have probably been referring to my mental health and not thinking about my physical health. I was ??
Q Well, when you comment that you know that working as a care aide is at times heavy work, you’re specifically relating that to the physical requirements, certainly not heavy mental work.
A Well, not heavy meaning literal heavy. I mean ?? I meant hard work. That doesn’t ?? that doesn’t include physical work. Mental work. For example, as a care aide, it’s very heavy work with dealing with seniors, seniors passing away. Having that emotional part of it is very heavy too. So —
Q S.T., are you suggesting that when you wrote: “I know that working as a care aide is at times heavy work”, you were referring to the heavy emotional requirements of the job?
A Not all but that is a big factor. Hard work. I would have rephrased it but that’s the way I wrote it.
 That answer is, to put it charitably, disingenuous.
 Fourth, the plaintiff was cross-examined at trial about a statement she made to the claims adjuster, David Beatty, on May 29, 2009, when she was in his office to discuss a possible settlement. She agreed that she “may have said” that she had recovered and was able to do virtually all that she could do before the accident. At trial, she said at one point that it was “not true”, and at another point that it was “true at the time”.
 On her examination for discovery at questions 228 to 229, however, she said:
Q So, will [the left shoulder] cause you some difficulty once a month, or –
A I can’t estimate, it’s just kind of a random kind of act.
Q Okay, and have you had any other problems as a result of the accident that weren’t specified in the Statement of Claim? Any other injuries that haven’t been covered?
 At trial, she tried to suggest in her testimony that she had given that answer on discovery because at that exact time her shoulder was not troubling her. Asked at trial whether she understood that the question was not about the exact time, but about that period of time, she said she did not know if she understood that, adding, “My shoulder hurts me when it is used: If I sleep on it, I’m in pain, or if I reach with it I’m in pain. I can’t put dates and times on it, it’s whenever I aggravate it.”
 Having noted those reasons for viewing the plaintiff’s evidence with some caution, I will briefly review her testimony and the testimony of other witnesses relating to her injuries.
bc injury law, credibility, Madam Justice Smith, S.T. v. S.K.
you can look here
I simply want to mention I am just very new to blogs and really savored your web page. Most likely I’m want to bookmark your website . You really come with outstanding article content. Bless you for sharing with us your web page.
Excellent weblog right here! Additionally your site so much up fast! What host are you the usage of? Can I get your affiliate hyperlink on your host? I want my web site loaded up as fast as yours lol
I’ve been surfing on-line more than 3 hours as of late, yet I never discovered any fascinating article like yours. It’s beautiful price enough for me. Personally, if all web owners and bloggers made excellent content material as you probably did, the internet shall be much more useful than ever before. “Oh, that way madness lies let me shun that.” by William Shakespeare.
venta por catalogo
Good day very nice site!! Guy .. Excellent .. Amazing .. I will bookmark your blog and take the feeds also…I am happy to search out so many useful info right here in the post, we want develop extra strategies on this regard, thanks for sharing.
marcel van hooijdonk
Wow that was odd. I just wrote an extremely long comment but after I clicked submit my comment didn’t appear. Grrrr… well I’m not writing all that over again. Regardless, just wanted to say fantastic blog!
beast TV trial
Enjoyed reading this, very good stuff, regards . “Love begets love, love knows no rules, this is the same for all.” by Virgil.
An impressive share, I simply given this onto a colleague who was doing a bit of evaluation on this. And he in reality purchased me breakfast because I discovered it for him.. smile. So let me reword that: Thnx for the treat! However yeah Thnkx for spending the time to discuss this, I feel strongly about it and love reading extra on this topic. If attainable, as you change into expertise, would you mind updating your weblog with extra particulars? It’s extremely useful for me. Massive thumb up for this blog put up!
Underground Elephant San Diego
It’s perfect time to make some plans for the longer term and it is time to be happy. I’ve read this put up and if I may just I wish to suggest you few attention-grabbing things or suggestions. Perhaps you can write next articles regarding this article. I want to learn even more issues approximately it!
I am curious to find out what blog system you are utilizing? I’m having some small security issues with my latest website and I’d like to find something more safeguarded. Do you have any recommendations?
you are really a good webmaster. The site loading speed is incredible. It seems that you’re doing any unique trick. Also, The contents are masterpiece. you have done a excellent job on this topic!
Location de voiture paris
Does your website have a contact page? I’m having a tough time 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 website and I look forward to seeing it grow over time.
Fantastic beat ! I would like to apprentice while you amend your site, how can i subscribe for a blog website? The account aided me a acceptable deal. I had been tiny bit acquainted of this your broadcast provided bright clear concept
agen poker online
We’re a group of volunteers and opening a new scheme in our community. Your website provided us with valuable info to work on. You have done an impressive job and our entire community will be thankful to you.
מצלמות אבטחה לעסק
Hi there! Would you mind if I share your blog with my twitter group? There’s a lot of folks that I think would really appreciate your content. Please let me know. Thank you
situs poker online
Thanks for all of the effort on this web page. My niece really loves carrying out investigations and it’s really easy to understand why. Most people learn all regarding the lively tactic you present valuable tips and tricks by means of the web blog and inspire contribution from the others on that idea so our own princess is without a doubt being taught a lot. Have fun with the remaining portion of the year. You are always carrying out a first class job.
I relish, lead to I discovered exactly what I was taking a look for. You have ended my 4 day lengthy hunt! God Bless you man. Have a nice day. Bye
Голый воблер на рыбу
I have been absent for a while, but now I remember why I used to love this blog. Thank you, I’ll try and check back more often. How frequently you update your web site?
затворы sung do
Great write-up, I am regular visitor of one¡¦s web site, maintain up the nice operate, and It is going to be a regular visitor for a long time.
I loved as much as you will receive carried out right here. The sketch is tasteful, your authored material stylish. nonetheless, you command get got an edginess over that you wish be delivering the following. unwell unquestionably come further formerly again since exactly the same nearly a lot often inside case you shield this increase.
Social Media Marketing Wien
Digital Marketing Manager Wien
Real good information can be found on weblog . “Every obstacle yields to stern resolve.” by Leonardo DaVinci.
I like this post, enjoyed this one thankyou for putting up.
Wonderful web site. Lots of helpful info here. I am sending it to several buddies ans also sharing in delicious. And of course, thanks for your effort!
hello there and thank you for your info – I have definitely picked up anything new from right here. I did however expertise some technical issues using this site, as I experienced to reload the website many times previous to I could get it to load properly. I had been wondering if your web hosting is OK? Not that I am complaining, but sluggish loading instances times will often affect your placement in google and can damage your quality score if advertising and marketing with Adwords. Well I’m adding this RSS to my e-mail and can look out for a lot more of your respective interesting content. Ensure that you update this again soon..
Thanks for sharing superb informations. Your web site is very cool. I’m impressed by the details that you have on this site. It reveals how nicely you understand this subject. Bookmarked this web page, will come back for more articles. You, my friend, ROCK! I found simply the information I already searched everywhere and simply couldn’t come across. What an ideal web site.
Heya i am for the first time here. I came across this board and I to find It really helpful & it helped me out a lot. I’m hoping to present one thing again and aid others like you helped me.
Fantastic beat ! I wish to apprentice while you amend your web site, how can i subscribe for a blog website? The account aided me a acceptable deal. I had been tiny bit acquainted of this your broadcast offered bright clear concept
I’ve recently started a website, the information you offer on this web site has helped me greatly. Thank you for all of your time & work.
where to watch game of thrones
What’s Taking place i’m new to this, I stumbled upon this I’ve found It positively useful and it has helped me out loads. I am hoping to give a contribution & assist other users like its aided me. Great job.
I wanted to draft you this bit of observation to help thank you so much as before for all the pleasant knowledge you’ve featured above. It’s really strangely generous with people like you to give openly precisely what many people could have distributed for an e-book to help with making some cash on their own, precisely given that you could possibly have tried it if you ever desired. Those creative ideas in addition served to be a fantastic way to be aware that someone else have a similar desire like mine to find out great deal more related to this matter. I am certain there are a lot more fun occasions ahead for many who look over your site.
I appreciate, lead to I found just what I was taking a look for. You have ended my 4 day long hunt! God Bless you man. Have a nice day. Bye
I’ll right away seize your rss feed as I can not in finding your e-mail subscription link or newsletter service. Do you have any? Kindly permit me know in order that I may subscribe. Thanks.
Efekt Praca Dla Opiekunek Aktualne Oferty
You are my inhalation, I possess few blogs and sometimes run out from post :). “Actions lie louder than words.” by Carolyn Wells.
Valuable info. Lucky me I found your web site by accident, and I am shocked why this accident didn’t happened earlier! I bookmarked it.
I really enjoy reading on this website, it has got good content. “Never fight an inanimate object.” by P. J. O’Rourke.
Nice read, I just passed this onto a friend who was doing a little research on that. And he actually bought me lunch as I found it for him smile Thus let me rephrase that: Thank you for lunch!
Hey there! This post couldn’t be written any better! Reading this post reminds me of my old room mate! He always kept chatting about this. I will forward this post to him. Pretty sure he will have a good read. Many thanks for sharing!
custom alnico magnets
Excellent read, I just passed this onto a friend who was doing a little research on that. And he just bought me lunch because I found it for him smile So let me rephrase that: Thank you for lunch!
Good – I should definitely pronounce, impressed with your website. I had no trouble navigating through all tabs as well as related information ended up being truly easy to do to access. I recently found what I hoped for before you know it at all. Quite unusual. Is likely to appreciate it for those who add forums or something, website theme . a tones way for your customer to communicate. Excellent task..
Does your blog have a contact page? I’m having problems locating it but, I’d like to shoot 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 improve over time.
Web Design Gorzow Wielkopolski
As soon as I found this website I went on reddit to share some of the love with them.
Hey there! Someone in my Myspace group shared this website with us so I came to look it over. I’m definitely enjoying the information. I’m book-marking and will be tweeting this to my followers! Wonderful blog and terrific design and style.
I’m really enjoying the theme/design of your web site. Do you ever run into any internet browser compatibility problems? A few of my blog readers have complained about my site not working correctly in Explorer but looks great in Opera. Do you have any recommendations to help fix this problem?
Many thanks for sharing all these wonderful posts. In addition, the right travel in addition to medical insurance plan can often relieve those considerations that come with visiting abroad. Any medical emergency can in the near future become very costly and that’s certain to quickly set a financial weight on the family’s finances. Having in place the best travel insurance offer prior to leaving is definitely worth the time and effort. Thank you
Howdy very nice web site!! Guy .. Excellent .. Wonderful .. I’ll bookmark your blog and take the feeds also…I am satisfied to search out a lot of useful information right here within the post, we need work out more strategies in this regard, thank you for sharing.
Comments are closed.