Waltmans v. Murovec
Devon Waltmans
Law Firm / Organization
Einfeld Law
Todd Waltmans
Law Firm / Organization
Einfeld Law
Owen Murovec
Law Firm / Organization
FH&P Lawyers LLP

Case Overview: In the Supreme Court of British Columbia, the case "Waltmans v. Murovec" involved plaintiffs Devon Waltmans and Todd Waltmans against the defendant Owen Murovec. The plaintiffs were injured in a motor vehicle accident where Murovec admitted liability.

Key Points:

  • Accident Details: On November 12, 2018, Devon and Todd Waltmans were rear-ended by Owen Murovec while driving in Kelowna, BC.
  • Injuries: Devon Waltmans suffered from neck, shoulder, and upper back pain, headaches, sleeplessness, anxiety, and other emotional issues. Todd Waltmans experienced ongoing mild intermittent back pain.

Legal Arguments/Issues:

  • Non-Pecuniary Damages: Devon Waltmans was awarded $140,000 for pain and suffering, while Todd Waltmans received $30,000.
  • Loss of Income-Earning Capacity: Devon Waltmans was awarded $40,000 for past loss and $292,146 for future loss of income-earning capacity.
  • Cost of Future Care: Devon Waltmans was awarded $150,746.
  • Special Damages: Devon Waltmans received $1,422.
  • Loss of Housekeeping Capacity: No damages were awarded for loss of housekeeping capacity.

Total Award: Devon Waltmans was awarded a total of $624,314. Todd Waltmans' non-pecuniary damages amounted to $30,000.

Credibility: The court found the testimonies of Devon and Todd Waltmans to be credible and reliable, noting that they provided honest and reasonable admissions regarding their treatment decisions.

Mitigation: The court rejected Owen Murovec's argument that the plaintiffs failed to mitigate their damages, concluding that their treatment decisions were reasonable under the circumstances.

Supreme Court of British Columbia
M126345
Personal injury law
$ 624,314
Plaintiff