Plaintiff
Defendant
Background: Amanda Lee Johansen was involved in two motor vehicle accidents in 2018, one in August and another in December. The defendants admitted liability for both accidents. Johansen experienced pain and stiffness in her neck and right shoulder, and increased back pain, which forced her to leave her job as a construction safety officer (CSO). She later worked as a house cleaner, earning significantly less.
Issue: The issue was determining the amount of damages needed to compensate Amanda Lee Johansen for her injuries and losses. The defendants disputed the extent to which the accidents caused Johansen’s financial and personal difficulties. Johansen sought approximately $1.8 million in damages, while the defendants proposed an award between $60,000 and $80,000.
Court's Ruling: The court assessed the credibility and reliability of witnesses, including Johansen, her family, former employer, and medical experts. It found that Johansen suffered soft tissue injuries to her neck and lower back and persistent tension headaches and dizziness as a result of the accidents. The court concluded that Johansen's injuries were likely to persist indefinitely and attributed her ongoing pain and financial struggles to the accidents.
Costs/Damages Awarded: Johansen was awarded $105,000 in non-pecuniary damages for pain, suffering, and loss of enjoyment of life. It included her loss of housekeeping capacity in the non-pecuniary damages, not awarding it separately. For past income loss, Johansen was awarded $80,000 after considering her failure to mitigate losses by not returning to her previous employer. The total amount awarded to Amanda Lee Johansen was $512,618.98??.
Court
Supreme Court of British ColumbiaCase Number
M1912764Practice Area
Personal injury lawAmount
$ 512,619Winner
PlaintiffTrial Start Date
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