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