Monthly archive November 2009
PLAINTIFF AWARDED $38,820 FOR NECK INJURY – SALZMAN V. BOHMER
The Plaintiff was 10 years old at the time of the accident on January 14, 1999. She was diagnosed with a musculoligamentous strain to the cervical spine with some residual tightness in the trapezius and pectoral muscles. She was also diagnosed in 2008 with a chronic regional myofascial pain syndrome. This was affected by her poor conditioning and low fitness level.
Plaintiff Awarded $140,000 for Fractured Rib - Hagreen v. Su
The Plaintiff was involved in an accident on October 6, 2005. He was riding him bicycle to work when the Defendant opened his car door in front of the Plaintiff which caused the collision. The Defendant was found to be fully liable for the accident.
The Plaintiff suffered a fracture to the left costochrondral junction of the left first rib. He had ongoing pain in this area at the time of trial.
Plaintiff Receives Award of $64,856.69 For Injured Foot and Back – Lutz v. Lim and Lutz v. Skippen
These matters relate to two motor vehicle accidents which took place on April 26, 2005 and May 28, 2007. Liability was admitted for both of the accidents.
The first accident involved the Defendant rolling his vehicle onto the Plaintiff's foot. The second accident involved the Plaintiff being rear-ended.
Plaintiff’s Award for Damages Reduced Substantially for Failure to Mitigate – Spurgeon v. Smith
This matter involves a motor vehicle accident which occurred on January 24, 2006. Liability for the motor vehicle accident was not contested at the trial.
The Plaintiff suffered soft-tissue injuries to his neck, low back, and jaw, as well as headaches. He was working as a mechanic at the time of the accident.
Plaintiff Receives $48,765 for Soft Tissue Injuries - Foo v. Masardijian
The Plaintiff was involved in a motor vehicle accident on April 27, 1999. He was rear-ended by the Defendant while driving over the Port Mann Bridge.
9,800 Collisions Between Motor Vehicles and Animals Per Year
ICBC reports an annual average of 9,800 collisions between motor vehicles and animals over the past 5 years. A recent report from the transportation ministry indicates that 5,600 wild animals were killed on provincial highways alone last year (the remaining collisions occur on non-provincial highways). Of these collisions, more than 4,400 involve deer.
Plaintiff Awarded $78,387.86 for Injured Back and Knee - Hill v. Durham
This matter relates to a motor vehicle accident which took place on December 27, 2005.
The Plaintiff suffered a back injury which resulted in significant pain for six months following the accident. The pain settled down over the following two years, however it remains significantly limiting.
The Court found that the Plaintiff suffered a moderate soft tissue injury to her back which remained problematic four years after the accident. The Plaintiff also suffered from pain in her knee.
Plaintiff Awarded Full Costs of Trial Where Defendant Advanced Fraud Defence - Gehlen v. Rana
This matter related to a cost determination after a jury trial in which the Plaintiff was awarded $13,486 for her damages related to a motor vehicle accident.
The Defendant had offered to settle the matter for $22,000 prior to trial and sought costs from the date of their offer through the end of the trial. The Plaintiff sought one and a half times regular costs because of the allegation of fraud against the Plaintiff and the manner in which those allegations were pursed at trial.
Plaintiff Awarded $227,046.42 for Soft Tissue Injuries with Depression and Anxiety - Gosal v. Singh and Gosal v. Lucchesi
This matter relates to two motor vehicle accidents which took place on January 28, 2003 and June 28, 2005. The Plaintiff suffered moderate soft tissue injuries to her neck, upper back, shoulders, and mid and lower back which caused severe headaches. She also suffered from depression and anxiety. The Plaintiff had not experienced a resolution of her symptoms at the time of the trial. The Plaintiff received damages as follows:
Plaintiff Awarded $25,000 for Soft Tissue Injuries - Boyd v. Shortreed
This matter relates to a motor vehicle accident which took place on April 19, 2005. The Plaintiff suffered an exacerbation of her previous symptoms of neck and lower back pain as well as a new symptom of mid-back pain. The damage to the vehicles involved was minimal. The Plaintiff was awarded $25,000.00 for soft tissue injuries to her neck and back. Her claim for psychological damage injuries was denied.