Davies v. Hsu
Danica Jean Davies
Shu Ting Hsu
Law Firm / Organization
Gillespie & Company LLP
Chih-Chung Jeff Chou
Law Firm / Organization
Gillespie & Company LLP

Facts:
Danica Jean Davies, the plaintiff, sued Shu Ting Hsu and Chih-Chung Jeff Chou, the defendants, for damages from a motor vehicle accident on October 4, 2018. The defendants admitted liability, and the trial focused on the nature and extent of injuries and damages.

Key Legal Issues:

  1. Causation: Whether the accident caused Ms. Davies’ injuries, including chronic pain, hearing loss, and an adjustment disorder.
  2. Extent of Injuries: Whether the injuries impaired Ms. Davies' ability to study, work, and enjoy life.
  3. Damages: Assessment of non-pecuniary losses, past and future income loss, and future care costs.

Findings:
The court found that the accident caused chronic neck pain, cervicogenic headaches, worsened pre-existing hearing loss, and an adjustment disorder. However, Ms. Davies did not sustain a concussion or traumatic brain injury.

Damages Awarded:

  • Non-pecuniary damages: $130,000
  • Past earning capacity loss: $30,000
  • Future earning capacity loss: $320,000
  • Special damages: $2,170.14
  • Future care costs: $34,640

Total Award: $516,810.14

Conclusion:
The court held in favor of Ms. Davies, finding her injuries significantly impacted her life and earning potential. The defendants’ claim that she failed to mitigate her losses was rejected. She was entitled to costs on the ordinary scale.

Supreme Court of British Columbia
M202503
Personal injury law
$ 516,810
Plaintiff