In this slip and fall serious personal injury claim (Jack v. Tekavec,2011 BCCA 464) the injury claimant fell three stories after leaning against a rotted, poorly repaired balcony railing. The owner and manager of the apartment complex was found fully at fault in negligence as an occupier. The at fault owner and manager appealed the judgment awarding $322,000.00 in…
This was a personal injury case appeal from Master Taylor(Scott v. Ridgway, 2011 BCSC 1552), who ordered the claimant to attend for a second medical examination regarding her functional capacity. I have reviewed several prior personal injury cases where ICBC has been denied second medical examinations. Anyone being asked to attend more than one medical examination for for…
The Insurance Corporation of British Columbia (ICBC) was required to defend a car accident personal injury claim which occurred near Merritt, British Columbia(Wittich v. Bob,2011 BCSC 1471).The claimant retained a Coquitlam law firm to act for her and that firm commenced the civil lawsuit in the New Westminster Registry. After the lawsuit was filed that provided for the place…
The claimant was five years of age and was a back seat passenger in a car being driven by his uncle. Their car was in the midst of making a left turn in the intersection of 49Th Avenue and Knight Street in the City of Vancouver when it was hit by another car going southbound . This case involved issues…
The injury claimant was 12 years old when he fell out of the back of a open bed of the truck near Chase, B.C. (Vedan v. Stevens, 2011 BCCA 386). Several children were allowed to ride in the open bed of a truck, rather than in the cab where they would have had seats and seat…
The Statutory powers of the Insurance Corporation of British Columbia, ICBC, are concurrent with an obligation that it pay innocent injury claimants if they are injured by uninjured drivers or driver’s that breach their insurance, such as drinking and driving in a car crash. In this uninsured ICBC personal injury case (Shapiro v. Dailey, 2011 BCCA…
ICBC lawyer’s assertion that there is an expanded test of reasonableness was rejected by the Court of Appeal in this successful Hit and Run injury claim case(Nicholls v. Insurance Corporation of British Columbia, 2011 BCCA 422). Read my review of the original ICBC hit and run case. The injury claimant started a personal injury lawsuit for injuries…
In this ICBC car accident medical exam denied case (De Sousa v. Bradaric, 2011 BCSC 1400) ICBC was refused an order requiring the injury claimant to attend a second medical examination. The court reaffirmed the circumstances under which a second medical examination may be ordered. These considerations were paraphrased in an injury case from a car accident…
In this car and bicycle injury ICBC case (Kooner v. Singh, 2011 BCSC 1384) the Insurance Corporation of British Columbia wanted the injury claimant to have their personal injury case heard in Small Claims Court. The lawsuit involved a personal injury that occurred at or near the intersection of 96th Avenue and 128th Street in Surrey,…
This ICBC medical examination case (Assalone v. Le,2011 BCSC 1348)arises as a result of injuries the claimant suffered in a two car accidents filed in Vancouver and fault was admitted. The Insurance Corporation of British Columbia sought an order that the injury claimant attend an ICBC medical examination to be conducted by Dr. Andrew Hepburn. ICBC had already sent the claimant to…