Wagner v. Cooper
Nathan Andrew Wagner
Law Firm / Organization
Preszler Injury Lawyers BC
Mark Raymond Cooper
Law Firm / Organization
Kovacs & Norell
Travis Brandon Large
Law Firm / Organization
Kovacs & Norell

Background: Nathan Andrew Wagner was involved in two motor vehicle collisions on consecutive days in Kelowna, B.C. On December 12, 2017, his Toyota Tundra was sideswiped by Mark Raymond Cooper's GMC pick-up truck. The following day, Wagner's vehicle was rear-ended by Travis Brandon Large’s BMW 525i. Both defendants admitted liability. Wagner claimed significant physical and psychological injuries, which he argued profoundly impacted his life and earning capacity. He sought over $1.4 million in damages, including non-pecuniary damages, loss of income earning capacity, loss of housekeeping capacity, future care costs, and special damages. The defendants acknowledged Wagner's injuries but contended the severity and impact were less significant, arguing his damages and losses amounted to less than $200,000.

Legal Issue: The main issue was the extent to which Wagner's ongoing disabilities were attributable to the collisions, considering his pre-existing conditions and subsequent events.

Held: The Supreme Court of British Columbia, presided over by Justice Shergill, ruled in favor of Nathan Andrew Wagner.

Costs/Damages Awarded: The court awarded Wagner a total of $367,856.81 in damages, covering:

  • Non-Pecuniary Damages: $115,000
  • Past Loss of Earning Capacity: $64,000
  • Future Loss of Earning Capacity: $165,000
  • Past Loss of Housekeeping Capacity: $3,000
  • Costs of Future Care: $10,850
  • Special Damages: $10,006.81

Additionally, the court ordered interest in accordance with the Court Order Interest Act and awarded costs at Scale B.

Supreme Court of British Columbia
M1911647
Personal injury law
$ 367,857
Plaintiff