Tag: Madam Justice Horsman

$100,000 Non-Pecuniary Assessment For Incompletely Healed Tibia Fracture from Snowmobile Collision

Written by ERIK MAGRAKEN on April 1, 2020. Posted in Uncategorized.

Reasons for judgement were published this week by the BC Supreme Court, Vancouver Registry, assessing damages for a chronic leg injury following a snowmobile collision.

In today’s case (Carothers v. Imus) the Plaintiff was a passenger on a snowmobile that collided with another snowmobile crushing the plaintiff’s left leg in between the two snowmobiles.

The impact resulted in a tibial fracture that required surgical intervention. The injury went on to incomplete resolution and resulted in chronic symptoms. In assessing non-pecuniary damages at $100,000 Madam Justice Horsman provided the following reasons:

Bus Driver Not Liable For Injuring Passengers By Braking Hard to Avoid Pedestrian

Written by ERIK MAGRAKEN on January 22, 2020. Posted in ICBC Liability (fault) Cases.

Reasons for judgement were published today by the BC Supreme Court, Kelowna Registry, dismissing a negligence claim against a bus driver whose hard braking injured several passengers.

In today’s case (Clarkson v Elding) multiple plaintiffs sued for damages following injuries sustained while passengers on a bus. The Defendant operator “braked suddenly to avoid a collision with a pedestrian who was jaywalking across East Hastings.” The resulting force of the braking “caused many passengers on the bus, including the plaintiffs, to fall or be slammed against seats and/or other passengers“.

The claims were dismissed with the court finding no negligence in these circumstances. In reaching this conclusion Madam Justice Horsman provided the following reasons:

Occupier Not Liable for “Sudden, Random, and Apparently Unprecedented Act of Violence” By Customer

Written by ERIK MAGRAKEN on July 22, 2019. Posted in Occupier's liability claims.

Reasons for judgement were published today by the BC Supreme Court, Vancouver Registry, dismissing a lawsuit following a customer on customer assault at a commercial establishment.

In today’s case (Tanaka v. London Drugs Limited) the Plaintiff was shopping at London Drugs when another customer suddenly and unexpectedly punched the Plaintiff in the face knocking him unconscious. The assailant remained unidentified. The Plaintiff argued London Drugs should be vicariously liable for the assault either based on the principles of Negligence of Occupier’s Liability legislation. In dismissing the claim and finding there should be no vicarious liability in the face of a “sudden, random, and apparently unprecedented act of violence” Madam Justice Horsman provided the following reasons: