Rathwell v. Shorey
Jessica Leigh Rathwell
Law Firm / Organization
Parsons Corrin LLP
Travis Shorey

Background:
Jessica Leigh Rathwell was involved in a rear-end collision on September 20, 2017, with Travis Shorey. Shorey admitted liability, so the trial focused solely on determining the damages to be awarded.

Legal Issues:
The key issues revolved around whether Rathwell sustained a mild traumatic brain injury and the extent of her damages. Rathwell sought over $3 million, claiming significant ongoing symptoms and loss of earning capacity. Shorey contended that the injuries were minor and had minimal ongoing impact.

Medical Evidence:
The case featured conflicting expert testimony regarding Rathwell’s injuries, particularly whether she suffered a mild traumatic brain injury and the severity of her musculoskeletal and psychological conditions. The court found some inconsistencies in Rathwell’s claims and concluded that she had exaggerated the impact of her symptoms.

Decision:
The court ruled that Rathwell did not sustain a traumatic brain injury but acknowledged her musculoskeletal injuries and somatic symptom disorder. The court awarded damages reflecting the lesser impact of her injuries than she claimed.

Award:
Jessica Leigh Rathwell was awarded a total of $544,110 in damages, broken down as follows:

  • Non-pecuniary damages: $125,000
  • Special damages: $70,000
  • Loss of past earning capacity: $55,000
  • Loss of future earning capacity: $260,000
  • Future care costs: $34,110 .
Supreme Court of British Columbia
M198776
Personal injury law
$ 544,110
Plaintiff