Sellmer v Watson
Marissa Andrea Sellmer
Law Firm / Organization
Race and Company LLP
Marie Watson
Andre Karol Ike-Duninowski
Modesto Alhambra Ranara
Ofelia Ranara

Background:
Marissa Andrea Sellmer sued Marie Watson, Andre Karol Ike-Duninowski, Modesto Alhambra Ranara, and Ofelia Ranara for damages from two motor vehicle accidents. Liability was not disputed, and the case focused on assessing damages.

Legal Issues:

  • Non-pecuniary damages for pain and suffering.

  • Past and future loss of earning capacity.

  • Costs of future care and special damages.

  • Whether the plaintiff failed to mitigate damages through appropriate treatment.

Injuries:
The first accident caused significant injuries, including a herniated disc, chronic back pain, and psychological issues, exacerbating pre-existing conditions. The second accident temporarily worsened symptoms but caused no new injuries.

Court’s Findings:

  • The court noted the plaintiff’s excessive alcohol use hindered recovery and constituted a failure to mitigate damages.

  • Despite mitigating factors, the plaintiff’s injuries and limitations were largely attributable to the first accident.

Damages Awarded:

  • Non-pecuniary damages: $135,000 (after a 25% reduction for failure to mitigate).

  • Past income loss: $102,000.

  • Future income loss: $202,500.

  • Cost of future care: $45,000.

  • Special damages: $176.83.

Total Award::
$484,676.83, subject to costs.

Conclusion::
The court held that while the plaintiff failed to mitigate damages, she was entitled to significant compensation for injuries caused by the defendants’ negligence. Costs were awarded to the plaintiff, subject to further submissions.

Supreme Court of British Columbia
M181988
Personal injury law
$ 484,677
Plaintiff