Barsky v Simons
Kathleen Alexandra Barsky
Law Firm / Organization
Not Specified
Lawyer(s)

G.S. Hoff

Jeremy Thomas Simons
Law Firm / Organization
Not Specified
Lawyer(s)

S. Karim

R. Pici

Alberto Arias
Law Firm / Organization
Not Specified
Lawyer(s)

B. Dhindsa

Kathleen Barsky, the plaintiff, was involved in a T-bone motor vehicle accident on March 8, 2018, while being driven by her friend Jeremy Simons, one of the defendants. The other vehicle involved was driven by the other defendant, Alberto Arias. The issue in this case was the allocation of liability between the two defendants and the assessment of Ms. Barsky's damages. Ms. Barsky claimed to have suffered multiple injuries to her shoulders, neck, and back, resulting in chronic pain, debilitating headaches, mild traumatic brain injury, and psychological distress. She sought damages totaling $988,965, including pain and suffering, loss of earning capacity, special damages, and future care costs. The defendants did not dispute the extent of Ms. Barsky's injuries but contested the quantum of damages. The court found Ms. Barsky credible regarding the assessment of damages. However, her reliability in recounting the circumstances of the accident was questioned. The court determined that Jeremy Simons was 90% at fault for the accident, while Alberto Arias was 10% at fault. Ms. Barsky's damages were quantified at $988,965.
Supreme Court of British Columbia
M187542
Personal injury law
$ 988,965
Plaintiff