Tag: bc injury law

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:

$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.

ICBC Jury Trial Request Denied Where In House Counsel Failed to File Jury Notice in Time

Written by ERIK MAGRAKEN on June 25, 2019. Posted in BCSC Civil Rule 12, BCSC Civil Rule 22, Jury Trials.

Reasons for judgment were published today by the BC Supreme Court, Vancouver Registry, dismissing an ICBC application to lengthen the applicable time frame to file a jury notice.

In today’s case (Chapman-Fluker v. Gustavson) the Plaintiff was injured in a collision and sued for damages. The Defendants, insured by ICBC and initially represented by in house counsel, failed to file a jury notice in the applicable time frame.

Months before trial the Defendants applied to allow them to file their jury notice beyond the specified time limits.

$110,000 Non-Pecuniary Assessment for L2 Fracture With Persistent Symptoms

Written by ERIK MAGRAKEN on June 18, 2019. Posted in Uncategorized.

Reasons for judgement were published today by the BC Supreme Court, Kamloops Registry, assessing damages for chronic injuries suffered in a vehicle collision.

In today’s case (Kennedy v. Cumming) the Plaintiff was involved in a 2015 collision. His was struck by the Defendant’s vehicle while operating his motorcycle. The crash resulted in a fracture to the Plaintiff’s low spine and the onset of symptoms in pre-existing but asymptomatic degeneration. The symptoms persisted to the time of trial and were partly disabling. In assessing non-pecuniary damages at $110,000 Madam Justice Burke provided the following reasons:

$100,000 Non-Pecuniary Assessment for Central Neuropathic Pain With Poor Prognosis

Written by ERIK MAGRAKEN on June 17, 2019. Posted in ICBC Chronic Pain Cases.

Reasons for judgment were published today by the BC Supreme Court, Nanaimo Registry, assessing damages for central neuropathic pain caused by a vehicle collision.

In today’s case (Laliberte v. Jarma) the Plaintiff was involved in a 2015 vehicle collision. She was a passenger in a vehicle driven by the Defendant that lost control “went through a fence and over a bump and landed in a field”. Liability was admitted.