The plaintiff initially sought over a million dollars in damages for injuries he sustained
In a recent personal injury case, the BC Supreme Court awarded the plaintiff a reduced sum after he initially sought over a million dollars in damages for injuries sustained in two motor vehicle accidents.
The plaintiff, a 56-year-old man, sought compensation for ongoing soft-tissue pain and associated psychological issues resulting from the accidents. The defence conceded some pain but disputed the severity and impact on the plaintiff’s life. They proposed a total award of approximately $110,000, with additional amounts for past and future earnings loss if the court accepts it.
The court found the plaintiff's credibility mixed. While accepting that he suffered injuries negatively impacting his life, the court noted instances where the plaintiff was non-responsive or argumentative. Nonetheless, various aspects of his evidence were deemed credible and reliable.
The plaintiff ran an IT business and a motorcycle school. The court found that the plaintiff's losses from the motorcycle school were attributable to the accidents but did not find credible his claims of losses from the IT business. Evidence suggested he was winding down the IT business and changing careers before the accidents.
The plaintiff suffered soft tissue injuries, myofascial pain, central sensitization, and post-traumatic Tietze syndrome, among other issues, primarily due to the first accident. The second accident aggravated these conditions but only temporarily.
The court applied the “but for” test for causation, concluding that the plaintiff’s injuries would not have occurred but for the accidents. The primary cause was the first accident, with the second causing only minor aggravation.
The plaintiff's non-pecuniary damages were assessed based on the significant impact on his social life, ability to run his motorcycle school, and recreational activities. The court awarded $135,000, considering his constant physical pain, reduced sociability, and deteriorated mood.
The court recognized a real and substantial possibility that the plaintiff's accident-related physical limitations caused a pecuniary loss in his motorcycle business. Considering the business's potential growth and the impact of the plaintiff’s injuries, the total award for past loss of earnings was $140,000.
The Supreme Court awarded $17,500 for the cost of future care, considering treatments recommended by medical experts. Additionally, the plaintiff received $12,400 for past and future loss of housekeeping capacity.
Special damages totalling $5,389.41 were awarded for treatment-related expenses. The court did not accept the plaintiff’s claim for $120,000 in out-of-pocket construction expenses due to insufficient evidence.
The court’s decision considered the plaintiff’s injuries, credibility, and the impact on his life and business. The awarded damages aim to restore the plaintiff to the position he would have been in had the accidents not occurred while also considering various contingencies and the credibility of the evidence presented.
