Jury verdict “perverse” for not awarding damages.

On October 1, 2014 the BC Supreme Court, New Westminster Registry, ordered a retrial following a “perverse” jury finding in Kasli v Gill, 2014 BCSC 1833. The plaintiff was injured in a motor vehicle collision.  A jury found both parties equally to blame and, after factoring the liability split, awarded the plaintiff $10,000 for past wage loss and special damages.  The Jury awarded nothing for non-pecuniary loss.  Mr. Justice Weatherill ordered a new trial and in doing so provided the following reasons: [23]         While the court should strive to give effect to a jury’s verdict,...

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$1.8 million diminished earning capacity for non-working plaintiff.

On May 20, 2014, the BC Supreme Court addressed the difficult problem of assessing damages for a lifetime of disability for a plaintiff who has not yet entered the workforce. In Hermanson v. Durkee, 2014 BCSC 877, the plaintiff was involved in a motor vehicle collision and suffered a severe traumatic brain injury which rendered him competitively unemployable.  He was 18 at the time, had just graduated high school and had not entered the workforce.   He “did not excel academically” and “it became apparently that post-secondary education was not likely or realistic“. The court had to assess...

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$140,000 for “very serious” femur fracture.

On August 29, 2013, the BC Supreme Court assessed damages for a serious femur injury and moderate wrist in jury. In Han v. Chahal the plaintiff pedestrian was injuries when she was struck by the defendant’s vehicle while walking in a marked cross walk.  The defendant was found fully responsible for the crash.  The plaintiff suffered a variety of injuries the most serious of which was a fractured femur.  Although the Court found some issues with the plaintiff’s reliability as a witness the Court did accept the injury left her with a degree of chronic pain and limited function.  In assessing...

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$75,000 for moderate/severe PTSD.

On August 7, 2009, the BC Supreme Court awarded just over $320,000 in damages as a result of a serious BC Truck Accident. In Bonham v. Weir the plaintiff was driving a transport truck into Fort Nelson, BC, when another vehicle “crossed the centre line and collided head on with his truck. ”  The plaintiff’s truck “burst into flames and (the Plaintiff) had to crawl out of the burning cab through a broken windshield.” ICBC admitted fault on behalf of the driver of the other vehicle leaving the court to deal only with an assessment of damages. Mr. Justice Smith found that while the plaintiff’s...

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