Plaintiff
Defendant
Introduction:
Marlene Gwyneth Morgan sued Patrick Homer Morin, Doug Morin, Kami Cabs Ltd., and Giacomo Marchese for damages resulting from two motor vehicle accidents in Kamloops, British Columbia, in 2018 and 2019. Liability was admitted, and the case focused on the assessment of damages.
Legal Issues:
Causation: Whether Morgan’s pre-existing conditions impacted the damages claimed.
Quantum of Damages: Non-pecuniary losses, past and future loss of earning capacity, and cost of future care.
Findings on Causation:
Morgan suffered from pre-existing depression, anxiety, and an overuse injury but was managing them before the accidents.
The accidents caused distinct physical injuries, including chronic myofascial pain and thoracic outlet syndrome.
Psychological injuries were exacerbated, making her depression chronic.
Damages Awarded:
Non-Pecuniary Damages: $148,750 (accounting for pain, suffering, and lifestyle changes).
Past Loss of Earning Capacity: $165,000 (based on economist's calculations).
Future Loss of Earning Capacity: $715,000 (reduced by 45% to account for residual capacity and pre-existing conditions).
Cost of Future Care: $130,000 (including pain management, therapy, and home maintenance).
Special Damages: $13,779.52 (agreed upon by both parties).
Total Award: $1,172,529.52
Costs:
Morgan was entitled to costs at Scale B, with further proceedings available for any unresolved financial matters.
Court
Supreme Court of British ColumbiaCase Number
M60114Practice Area
Personal injury lawAmount
$ 1,172,530Winner
PlaintiffTrial Start Date
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