Houston v. Kine, 2010 BCSC 1289
This is an injury claim from a motor vehicle accident at Clarke Road and Glenayre Drive in Coquitlam, British Columbia. Fault was s admitted by ICBC on behalf of the defendants. The injury claimant was asking for compensation for pain, suffering and loss of enjoyment of life; loss of opportunity to earn income in the past; diminished earning capacity; future care, loss of homemaking capacity and special damages.
ICBC claimed that while the injury claimant did suffer injury the injury was quite minor. ICBC, on behalf of the defendants, hired an orthopaedic surgeon who concluded that the claimant demonstrated signs of “illness behaviour” and that her low back pain was not related to the accident. The court rejected the doctors opinion and stated:
“The plaintiff [ claimant] asserts that Dr. Christian formulated his opinion based on the mistaken fact that the plaintiff did not initially have low back pain and restricted range of motion following the accident. Those are factual conclusions which are wrong. Dr. Christian claims that Ms. Houston told him that she did not have pain immediately after the accident. The plaintiff denies this. Dr. Christian destroyed his notes after he prepared his report. For these reasons, the plaintiff’s evidence about the onset of pain and restriction of movement after the accident should be preferred.”
ICBC investigators also followed the injury claimant to a trip to Mexico and the defendants tried to have the videotape surveillance put into evidence. The Judge refused to admit the video evidence as it was disclosed too late in the litigation.
The injury claimant suffered multiple injuries in the accident including chronic pain in her upper neck and back which is activity related and restricts her range of motion in her neck; a significant lower back injury which causes chronic and constant pain which is likely life long, although there may be some improvement; and psychological injuries including a major depressive disorder, pain disorder, anxiety disorder and post traumatic syndrome disorder which is in partial remission.
The court awarded the following: 1. Pain and suffering $110,000
2. Past wage loss $ 40,000
3. Diminished earning capacity $275,000
4. Cost of future care $100,000
5. Special Damages $ 415.72
Posted by Mr. Renn A. Holness