22 Nov Cummings v. Shanks
The plaintiff, Jeremy Cummings, seeks an award of damages for injuries suffered by him in a motor vehicle collision that occurred on September 8, 2008. His damage claims fall into several categories....
22 Nov Warner v. Cousins
On January 13, 2009, the plaintiff, Christel Lee Warner, was driving her car west on Columbia Street in Kamloops, British Columbia. At or near the intersection of Columbia Street and 6th Avenue, a small truck driven by the defendant, Stephen Ward Cousins, and owned by the corporate defendant, turned left in front of her causing her to collide with the passengers side of the truck. Upon impact, the airbags in the plaintiffs vehicle deployed. The plaintiff was wearing a seatbelt, but she suffered injuries....
21 Nov Ludwig v. Frighetto
This is an action for personal injuries as a result of a motor vehicle accident that occurred on April 28, 2010. The plaintiff, Christian Ludwig, was the front seat passenger in a vehicle that was rear-ended by the vehicle driven by the defendant, Sergio Frighetto. Liability is not an issue. The plaintiff claims the following heads of damage:(a) non-pecuniary loss;(b) past wage loss; and(c) loss of future earning capacity.Facts...
15 Nov McKerr v. CML Healthcare Inc.
The plaintiff Joy Ann McKerr alleges negligence in the conduct of a screening mammogram that took place on October 3, 2008 at a mammography screening clinic located on Richmond Road in Victoria, British Columbia....
09 Nov Araujo v. Vincent
THE COURT: Nature of the Claim...
06 Nov Rasman v. Regan
The plaintiff, Rudolf Rasman, claims damages for medical negligence against the defendant, Dr. William Regan, an orthopaedic surgeon, based on lack of informed consent. On October 26, 2006, Dr. Regan performed surgery to repair a fracture of the plaintiffs left clavicle, or collar bone. That procedure, an open reduction internal fixation of the left clavicle, involved opening up the fracture, and attaching a titanium plate to the clavicle in order to achieve union of the bone where it had fractured. On the same day, Dr. Regan also performed arthroscopic knee surgery on the plaintiff. Mr. Rasmans claim concerns only the surgery to his clavicle....
06 Nov Spiering v. Trevor
The plaintiffs, Michael Spiering and Mechthild Maria Spiering (collectively, the Spierings), who are husband and wife, each commenced an action seeking damages for injuries that they suffered when they were injured in a motor vehicle accident. The accident occurred at about noon on September 17, 2008, on Highway 19 near the Zeballos junction turn off, near the Town of Port McNeill, British Columbia....
02 Nov Perrin v. Lefebvre
Each party has sued the other alleging that the other caused the collision between their vehicles. They have agreed that the issue of liability in both actions be tried first and at the same time. The central question is whether one or both parties were negligent when one made a highway u-turn in front of the other. The credibility and reliability of the parties is very much in issue.The Facts...
31 Oct Callahan v. Kim
The 63-year-old plaintiff, Leo Callahan, was riding his bicycle in a pedestrian crosswalk when he was struck by a car driven by the defendant, Taeju Kim. Liability for the accident, causation of the injuries, and the amount of damages are all in issue.Analysis:A. Liability for the Accident1. How did the Accident Happen?...
31 Oct Peck v. Peck
The plaintiff, Jessica Peck, claims damages against the defendant, George Peck, for injuries arising out of a motor vehicle accident on January 4, 2007, near Grand Forks, B.C....