Vershinin v. Hayward, 2010 BCSC 1315 
 The ICBC injury claimant  in this personal injury case was injured in a motor vehicle accident that occurred when he was struck by a vehicle that ran a red light. The other driver, insured by ICBC , admitted fault  for the car accident.   At issue were the  injuries  suffered in the accident, the effect of those injuries on the injury claimants  past and future employment, and in particular, whether an injury to his right shoulder consisting of tears to the glenoid labrum and biceps tendon,  was caused by the collision.  On all of the evidence the judge concluded that as a result of the car accident,  the injury claimant  suffered soft tissue injury to his neck and lower back which improved since the accident.  The judge was however unable to conclude on the evidence that the injury claimant suffered a  chronic pain syndrome. The judge found however that the shoulder condition was caused by the car accident and stated: 

“In the circumstances, I find that the shoulder problems that began to plague [the injury claimant] in the fall of 2005 were due to the development over the months since the accident of this impingement, secondary to the glenoid labral tear that was caused by the accident and which, together with the other tears and fracture, supported the initial complaints.  This development would have been hastened as the plaintiff’s back and neck pain improved, and he became more active (as observed by Dr. Jenkins).  It is accordingly not a question of quiescence, I find, but of the development of further damage from the initial injury caused by the accident.” 

The judge awarded the injury claimant the following: 

Pain and Suffering $70,000.00   
 Loss of income:    $45,000.00   
Loss of earning capacity:    $50,000.00   
Loss of housekeeping capacity:    $7,000.00   
Future care costs:    nil   
Out of pocket expenses:   $8,089.47   
total:    $180,089.47   

Posted by Mr. Renn A. Holness

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