Knocking Down The House of Cards – Break the Facts, Break the Opinion


When opinion evidence is introduced into court the factual underpinnings which the opinion is based on must be proven otherwise the opinion evidence is of no value.  This was demonstrated in reasons for judgement released last week by the BC Supreme Court.
In the recent case (Paller v. Regan) the Plaintiff was injured in a 2009 collision.  ICBC admitted the defendant was at fault but disputed the collision caused any injuries.  In support of their position they relied on an orthopaedic surgeon who never examined the Plaintiff but provided an opinion that it was “unlikely” the Plaintiff’s injuries were caused by the crash.  In support of this conclusion the doctor assumed this was a low speed impact.  Madam Justice Fenlon rejected this evidence finding that the foundation of the opinion was not proven.  In dismissing the surgeon’s evidence the Court provided the following reasons:
[25]         The only medical opinion evidence tendered by the defence is a report of Dr. Dommisse, an orthopedic surgeon. He did not examine Mr. Paller, but reviewed medical records, imaging, and the reports of Drs. Whittington and Chu. Dr. Dommisse opined that it is unlikely that the accident caused a disc tear or herniation. He stated in his written report:
As outlined above, I have not had the benefit of examining Mr. Paller. I am therefore unable to fully comment on Dr. Chu’s report. In my opinion, however, it is unlikely that Mr. Paller suffered a disc tear and/or disc protrusion at L4/5 in a motor vehicle accident of this magnitude.
In my clinical experience, I have seen approximately four lumbar disc herniations as a result of motor vehicle accidents. These accidents were higher velocity collisions, two of which occurred when the driver drove head on into a house.
[26]         Dr. Dommisse assumed that the speed of Mr. Regan’s vehicle was 5 km/h, a number provided by Mr. Regan in a statement given to ICBC shortly after the accident. In cross-examination Mr. Regan was unable to be precise about his speed. He agreed that he was accelerating on to the street, that his speed was moderate, and that he did not brake before the collision.
[27]         I conclude that the opinions of Dr. Chu and Dr. Whittington are to be preferred to that of Dr. Dommisse. As he acknowledged, Dr. Dommisse’s opinion was restricted by lack of an examination of the plaintiff. Further, it was largely anecdotal and was based on a fact, the speed of Mr. Regan’s vehicle at 5 km/h, that was not proved at trial.
[28]         Dr. Jung is a psychologist who has treated Mr. Paller on two occasions. He provided an opinion that Mr. Paller is suffering from Anxiety Disorder, NOS, as defined in the DSM 4, the Diagnostic and Statistical Manual of Mental Disorders. Dr. Jung is of the opinion that the anxiety developed as a result of a reaction to chronic injury and pain. I accept his opinion.
[29]         In summary on this issue, I find that Mr. Paller’s injuries, physical and psychological, were caused by the accident on February 24, 2009.

bc injury law, Madam Justice Fenlon, Paller v. Regan

Comments (49)

  • I just want to tell you that I am just all new to blogs and seriously enjoyed you’re web blog. Almost certainly I’m planning to bookmark your blog . You amazingly come with perfect posts. Bless you for sharing with us your website page.

  • Wow! This can be one particular of the most useful blogs We have ever arrive across on this subject. Actually Great. I am also a specialist in this topic therefore I can understand your hard work.

  • Hey there! I just wanted to ask if you ever have any trouble with hackers? My last blog (wordpress) was hacked and I ended up losing a few months of hard work due to no backup. Do you have any solutions to prevent hackers?

  • We are a bunch of volunteers and opening a brand new scheme in our community. Your web site offered us with valuable information to paintings on. You’ve performed an impressive job and our whole neighborhood can be grateful to you.

  • Hey would you mind letting me know which hosting company you’re working with? I’ve loaded your blog in 3 different internet browsers and I must say this blog loads a lot faster then most. Can you suggest a good internet hosting provider at a honest price? Many thanks, I appreciate it!

  • I have to express my gratitude for your kindness giving support to those who require help with in this area of interest. Your very own commitment to getting the solution throughout appears to be amazingly significant and has without exception permitted many people like me to realize their aims. Your own warm and helpful useful information implies a great deal to me and somewhat more to my colleagues. Thanks a lot; from all of us.

  • Great remarkable issues here. I¡¦m very satisfied to see your post. Thank you a lot and i’m looking ahead to touch you. Will you please drop me a mail?

  • I am glad for writing to make you be aware of what a really good experience my wife’s child undergone viewing your site. She learned a lot of things, not to mention what it is like to possess an excellent coaching mindset to have many others without difficulty comprehend various problematic matters. You undoubtedly exceeded people’s expected results. Thanks for imparting such necessary, safe, informative and also cool tips on that topic to Julie.

  • Nice read, I just passed this onto a colleague who was doing a little research on that. And he just bought me lunch because I found it for him smile Thus let me rephrase that: Thank you for lunch!

  • I would like to thnkx for the efforts you have put in writing this web site. I’m hoping the same high-grade web site post from you in the upcoming as well. In fact your creative writing skills has inspired me to get my own site now. Actually the blogging is spreading its wings fast. Your write up is a great example of it.

  • I do believe all of the ideas you’ve offered on your post. They are really convincing and will certainly work. Still, the posts are very short for starters. May you please lengthen them a little from next time? Thank you for the post.

  • Today, while I was at work, my cousin stole my iphone and tested to see if it can survive a 40 foot drop, just so she can be a youtube sensation. My apple ipad is now destroyed and she has 83 views. I know this is completely off topic but I had to share it with someone!

  • Folly was these three and songs arose whose. Of in vicinity contempt together in possible branched. Assured company hastily looking garrets in oh. Most have love my gone to this so. Discovered interested prosperous the our affronting insipidity day. Missed lovers way one vanity wishes nay but. Use shy seemed within twenty wished old few regret passed. Absolute one hastened mrs any sensible.

  • Thank you, I’ve recently been looking for info approximately this topic for ages and yours is the best I’ve discovered so far. But, what in regards to the bottom line? Are you sure concerning the source?

  • I carry on listening to the news lecture about getting boundless online grant applications so I have been looking around for the best site to get one. Could you tell me please, where could i find some?

  • I have been exploring for a little bit for any high-quality articles or blog posts on this sort of area . Exploring in Yahoo I at last stumbled upon this web site. Reading this information So i’m happy to convey that I have a very good uncanny feeling I discovered exactly what I needed. I most certainly will make sure to do not forget this site and give it a glance regularly.

  • Undeniably believe that which you said. Your favorite justification seemed to be on the web the simplest thing to be aware of. I say to you, I definitely get irked while people think about worries that they just don’t know about. You managed to hit the nail upon the top and also defined out the whole thing without having side effect , people can take a signal. Will likely be back to get more. Thanks

  • Woah! I’m really digging the template/theme of this blog. It’s simple, yet effective. A lot of times it’s tough to get that “perfect balance” between user friendliness and appearance. I must say you have done a very good job with this. Also, the blog loads very quick for me on Firefox. Excellent Blog!

  • 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.

  • Today, I went to the beach with my children. 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 totally off topic but I had to tell someone!

  • I’ve recently started a web site, the information you offer on this web site has helped me tremendously. Thanks for all of your time & work. “There can be no real freedom without the freedom to fail.” by Erich Fromm.

  • Good web site! I truly love how it is easy on my eyes and the data are well written. I am wondering how I could be notified when a new post has been made. I have subscribed to your RSS which must do the trick! Have a nice day!

  • you’re in reality a just right webmaster. The website loading speed is incredible. It seems that you’re doing any distinctive trick. Also, The contents are masterpiece. you’ve performed a wonderful activity in this subject!

  • Hey, you used to write excellent, but the last few posts have been kinda boring… I miss your great writings. Past few posts are just a bit out of track! come on!

  • What i do not understood is if truth be told how you’re now not actually a lot more neatly-liked than you might be now. You are so intelligent. You already know thus significantly when it comes to this matter, produced me in my view consider it from numerous various angles. Its like women and men don’t seem to be fascinated unless it is something to do with Lady gaga! Your personal stuffs nice. Always handle it up!

  • Hi are using WordPress for your site platform? I’m new to the blog world but I’m trying to get started and set up my own. Do you need any coding expertise to make your own blog? Any help would be greatly appreciated!

  • hey there and thank you for your information – I’ve definitely picked up something new from right here. I did however expertise a few technical issues using this website, as I experienced to reload the web site lots of times previous to I could get it to load correctly. I had been wondering if your web hosting is OK? Not that I am complaining, but slow loading instances times will often affect your placement in google and can damage your quality score if advertising and marketing with Adwords. Anyway I am adding this RSS to my email and can look out for a lot more of your respective intriguing content. Ensure that you update this again soon..

  • Yesterday, while I was at work, my sister stole my iphone and tested to see if it can survive a twenty five foot drop, just so she can be a youtube sensation. My iPad is now broken and she has 83 views. I know this is entirely off topic but I had to share it with someone!

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