This very mild brain injury case (Fillmore v. McKay) occurred when the injury claimant’s bicycle, that he was riding east on Dewdney Trunk Road in Maple Ridge, smashed into a motor vehicle attempting to make a left hand turn in front of his direction of travel. The personal injury lawyer representing the claimant sought compensation for the claimants personal injuries, loss of housekeeping ability, past and future loss of income earning capacity, future care costs and out of pocket expenses. the ICBC lawyers denied fault up until the trial at which point they admitted the driver was at fault. ICBC did not deny that the claimant was injured in the collision, but denied the extent of his injuries as he claimed.
The injury claimant gave a statement to the Insurance Corporation of British Columbia ,ICBC, in which he said he did not hit his head as he could recall, he did not black out, and he remembered everything.
Despite the ICBC statement the judge concluded that the claimant probably blacked out or was rendered unconscious for a fraction of a second or mere seconds before finding himself straddling his bike or beside his bike. The judge went on to find that, ” that it is more likely than not that the plaintiff did suffer an extremely mild traumatic brain injury…It was a very momentary and mild unconsciousness and the plaintiff’s subsequent problems of irritability and mood swings, sleep disturbance and all behavioural changes in my opinion are more likely due to his ongoing physical pain that he has been suffering.”
The injury claimant was awarded $75,000.00 for his pain and suffering and $3,000.00 for his out of pocket expenses. Posted by Mr. Renn A. Holness
Issue: should brain injury claimants have to testify at trial?