In this ICBC personal injury lawsuit the injury victim claims due to a motor vehicle accident when his vehicle was rear ended (Neumann v. Eskoy, 2010 BCSC 1275). Fault for the accident was admitted by ICBC on behalf of the other driver. I was unable to determine the force of the impact as the decision of the judge did not address this critical issue.
The injury claimant had only one employer for 30 years driving a 25-ton truck, and using a heavy ground hose to vacuum raw grease product. Before the car accident the injury claimant had been diagnosed with osteoarthritis in the right hip, and asymptomatic degenerative changes in his spine. He was also significantly overweight and considered obese.
Nevertheless, in addition to an exemplary work record, he worked around the home as a handyman and auto mechanic, and he took an active interest in the education and extracurricular activities of his two children.
The Judge was satisfied that before the accident the injury claimant was functioning at a very high physical level and but for the accident and the injury sustained to his neck, the claimant would not have sustained the chronic pain syndromefrom which he now suffers.
With regard to the loss or impairment of earning capacity the court was satisfied that the continuing pain the neck, chronic myofscial pain and musuloskeletal pain will be present indefinitely and the income earning capacity is irreparably damaged. The judge awarded the following :
a) Pain and suffering: $90,000;
b) Past loss of earnings: $7,320;
c) Future loss of earnings: $100,000; and
d) Out of pocket expenses: $8,406.23.
I cannot help noting that this case only took 2 days in court and the Judge took 1YEAR, less six days, to write this decision.
Posted by Personal Injury lawyer Mr. Renn A. Holness, B.A. LL.B.
Issue: Is it fair to have an injury claimant wait one year for this type of court decision?
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