In this child soft tissue injury claim (Maya Naks v. Hesse, 2012 BCSC 1328) the 6 child’s vehicle was travelling eastbound on 49th Avenue, in Vancouver, British Columbia when another vehicle failed to stop at a stop sign and her car hit the left side of the defendant. An ambulance attended at the scene of the accident, but the plaintiff was not taken to the hospital. Fault for the car accident was admitted before the personal injury trial.
The car accident happened over seven years before the trial and the Judge concluded that the claimant had made a complete recovery within the first five years. $16,000 was awarding for her pain and suffering and $4,000.00 for an exercise program and counselling. The injury claimant had incurred $472.34 in out of pocket expenses.
Of procedural interest, this personal injury case was heard pursuant to an application under Rule 9‑7 for summary trial, asking that the matter be dismissed or, in the alternative, that the matter proceed to summary trial for an assessment of damages. The defendants argued that a number of years passed in which no assessment or treatment of the claimant’s injuries was made by any medical professional. Five years after the accident the claimant, together with her sister and their mother, moved to Florida in order to be with their mother’s new husband. No medical records have been produced from Florida.
The Judge refused to dismiss the case and made an assessment of damages for her personal injuries.
Posted by Mr. Renn A. Holness, B.A. LL.B.
