This injury claimant was involved in 2 car accidents. In the first she was rear-ended by a cement truck. In the second accident she was in Victoria, on her way to the airport, when the taxi she was in was struck on the side by a minivan driven.(Lauriente v. Schoonhoven,2017 BCSC 2246) The claimant worked as an emergency…
The court concluded that prior to the car accident the claimant had a number of “quiescent but present conditions” in his hands and wrists that would likely have become increasingly symptomatic over time even if the accident had never occurred. This included arthritis of the wrist and thumb. However, the fact that the defendants’ conduct triggered the…
This personal injury case arose from a car accident which occurred at the intersection of 140th Street and 74th Avenue in Surrey when the other vehicle turned left into the path of the claimant’s vehicle. She was 58 year old at the time of the accident and sought compensation for pain and suffering, past income loss, future income loss,…
For Thanksgiving weekend this ICBC injury claimant was travelling from Vancouver to Kelowna on Highway 1, just east of the Port Mann Bridge, when his vehicle was struck from behind. The other vehicle was then rear ended by another car causing a second impact with the claimant’s vehicle. The claimant continued his planned Thanksgiving day trip to Kelowna after renting a vehicle but…
Medical Experts in personal injury cases are supposed to be impartial, independent and absent of bias. Dr. O.M. Sovio was qualified as an expert in orthopedic surgery in this personal injury case but his opinion was rejected by the Court. Dr. Sovio agreed that in the years since 2009 work for the Insurance Corporation of British…
This case provides an important restatement of the law of evidence regarding the burden of proof in personal injury cases: [110] The burden of proof of actual past events is a balance of probabilities. An assessment of loss of both past and future earning capacity involves consideration of hypothetical events. The plaintiff is not…
This was a motor vehicle accident injury case set to proceed before a jury for eight days. 12 days before trial the defendant serve a Supplementary Report from an orthopaedic expert. The jury had just been selected and was required to stand down while the lawyers argued over the admissibility of this late report (Hilton v.…
The fault of a left turning vehicle for a car accident depends on whether there is any vehicle approaching that constitutes an immediate hazard. If there is, the left turn should not be made. This case review reinforces this point as it applies to ICBC injury claims. This motor vehicle accident occurred at the intersection of 152nd…
The victim of a drunk driving accident settled with ICBC by way of an all-inclusive payment by ICBC in the amount of $212,000. The drunk driver responsible admitted the settlement was reasonable but denied being drunk and refused to repay ICBC the settlement amount paid to his victim, as is required in such cases of insurance…
This appeal from a $15,000 award as compensation for loss of use of his Ferrari resulting from the respondent car dealership’s negligence was dismissed. The court has updated and clarified the law that applies when a claimant loses the use of a vehicle, especially if the vehicle would be used to make profit, such as a work…
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