Ziolkiewicz v. Emmanuel
Sarah Ziolkiewicz
Law Firm / Organization
Preszler Injury Lawyers BC
Natasha Leigh Emmanuel
Cyrus Daniel Emmanuel

Background: The case arose from a motor vehicle accident on June 16, 2015, in Vancouver. The plaintiff, Sarah Ziolkiewicz, was rear-ended by the defendants, Natasha Leigh Emmanuel and Cyrus Daniel Emmanuel. Sarah Ziolkiewicz suffered from headaches, neck pain, shoulder pain, upper back pain, lower back pain, and psychological injuries, including anxiety and an adjustment disorder with depressed mood.

Legal Arguments/Issues: Sarah Ziolkiewicz claimed damages ranging from $1,000,000 to $2,400,000, covering non-pecuniary damages, future loss of earning capacity, future loss of housekeeping capacity, cost of future care, and special damages. The defendants admitted liability for the accident but contended that the damages should only amount to between $125,000 and $175,000. They disputed the extent of the claimed psychological issues, their causation, and the impact on the plaintiff's ability to work and pursue her career aspirations.

Held: The court found that the accident caused soft tissue injuries leading to chronic pain and psychological conditions, including General Anxiety Disorder with panic attacks and an adjustment disorder with depressed mood. The court recognized the plaintiff’s ongoing pain, which intermittently allowed her to perform light household tasks. The court balanced the potential disrupted by the accident with the plaintiff's pre-existing academic and career trajectory.

Costs/Damages Awarded: The court awarded Sarah Ziolkiewicz $543,066, broken down as follows: $150,000 for non-pecuniary damages, $350,000 for loss of future earning capacity, $39,183 for the cost of future care, and $3,883 for special damages. She was also entitled to her costs at Scale B??.

Supreme Court of British Columbia
M170486
Personal injury law
$ 543,066
Plaintiff