Valencia v. Duggan
Maria Eugenia Valencia
Law Firm / Organization
Hambrook & Company Law
Phyllis Mary Duggan

Background: The defendant, Phyllis Mary Duggan, admitted liability for the accident and resulting physical injuries of the plaintiff, Maria Eugenia Valencia. However, the defendant contested the extent and nature of the injuries, particularly arguing that pre-existing conditions should be considered and that the plaintiff’s psychological conditions were not related to the accident. The plaintiff sought damages for various injuries and disorders stemming from the accident, including chronic pain and several psychiatric disorders. There was also an argument regarding the plaintiff's failure to mitigate her injuries.

Legal Issue: The issue revolved around the extent and nature of injuries suffered by the plaintiff, Maria Eugenia Valencia, resulting from a motor vehicle accident caused by the defendant, Phyllis Mary Duggan.

Held: The court ruled in favor of the plaintiff, Maria Eugenia Valencia, acknowledging that the injuries sustained from the motor vehicle accident were significantly impacted by the defendant's actions. The court recognized that the plaintiff suffered various injuries as a result of the accident, including physical and psychological harm. However, the court also considered the plaintiff's pre-existing conditions in its assessment.

Costs/Damages Awarded: The plaintiff was awarded damages to compensate for her injuries and losses:

  • General Damages: $110,000
  • Loss of Past Earning Capacity: $35,000
  • Loss of Future Earning Capacity: $156,000
  • Cost of Future Care: $192,387
  • Special Damages: $3,705

The total damages were reduced by 15% due to the plaintiff's failure to mitigate her injuries. This led to a net total award of $422,528.

Supreme Court of British Columbia
M175024
Personal injury law
$ 422,528
Plaintiff