11 Sep Brandy Naks v. Hesse
Brandy Ebonie Naks Williams, an infant, is the plaintiff in an action for damages arising from a motor vehicle accident which occurred on February 26, 2005. Her aunt, Anna Sawicka, is her Litigation Guardian....
Brandy Ebonie Naks Williams, an infant, is the plaintiff in an action for damages arising from a motor vehicle accident which occurred on February 26, 2005. Her aunt, Anna Sawicka, is her Litigation Guardian....
This action is as a result of three different motor vehicle accidents that the plaintiff was involved in. The first accident occurred on June 25, 2005, on Highway 22 near Trail, British Columbia. The second accident occurred on December 29, 2006, on Columbia Avenue in Castlegar, British Columbia. The third accident occurred on September 4, 2008, on Knight Street in Vancouver, British Columbia....
Mr. Manson is a single, 31-year old lifelong resident of Port Alberni. He is also the father of a 13-year old son who resides with his biological mother....
IN THE SUPREME COURT OF BRITISH COLUMBIACitation:Charles v. Dudley,2012 BCSC 1301Docket: M101674 Registry: Vancouver Between: Shirley Charles Plaintiff And Matthew Dudley, Julie Valough-Buhl and Alfred Bailey Defendants Before: The Honourable Mr. Justice McEwan Reasons for JudgmentCounsel for the Plaintiff:M.J. BauerCounsel for the Defendants:J. LockePlace and Date of Trial/Hearing:Vancouver, B.C. June 25-27, 2012Place and Date of Judgment:Vancouver, B.C. September 4, 2012 I [1] The plaintiff was injured in a motor vehicle accident on June 1, 2008. She was a passenger in a 1999 Chevrolet Silverado truck owned and operated by her boyfriend Alfred Bailey which was struck by a 2007 Hyundai operated by Matthew Dudley near the intersection of Fraser Highway and 200th Street in Langley, British Columbia. Liability is admitted by Mr. Dudley, as is the fact that he was operating the vehicle involved in the accident with the consent of Julie Valough-Buhl, its registered owner. II [2] The trial proceeded in a fashion I would have described as unorthodox until recently, with the medical evidence called before the plaintiff testified. Counsel advised that they understand this to be the preferred way to run a personal injury case. I do not know where they get this idea. If persuasion of the trier of fact is the objective, the practice of leading medical opinion unattached to any factual foundation is the most awkward way to go about it. I have observed elsewhere that doctors do not subject their patients to a forensic examination. They generally assume that what the patient tells them is true and attempt to treat their symptoms. Their observations are of assistance to the trier of fact to the degree to which they reasonably conform to the facts that have been established after the plaintiffs assertions have been tested. It is very difficult to assimilate medical evidence provisionally, that is, with no means of sorting what matters from what does not. A trier of fact obliged to hear a trial this way must go back over such evidence to put it in context. This Court is not alone in making this point....
The plaintiff is a journeyman electrician. He lives in Castlegar, British Columbia. On March 23, 2007, he was a passenger in a motor vehicle that was struck by another vehicle on Highway 3, about 15 kilometres east of Grand Forks, British Columbia. The defendant died in the accident. There is no issue as to liability for the collision.II...
This is an application by the plaintiff for extensive document disclosure from the defendants....
THE COURT:Introduction...
On June 9, 2008, the plaintiff was driving home from a physiotherapy session at the Back in Motion program in Burnaby, when he was struck on the drivers side of his vehicle by the defendant, who had failed to stop at a stop sign (the Accident). The force of the impact was sufficient to spin the plaintiffs pick-up truck 180 degrees and render it uneconomical to repair....
This is a summary trial. The plaintiffs claim arises out of a pedestrian/motor vehicle accident. Mansurali Mawani was struck by a vehicle driven by the defendant Peter Pitcairn. The claim against British Columbia Hydro and Power Authority has been discontinued....
These reasons arise out of an application brought by the plaintiff, Ms. Demarinis, under Rule 9-7(2). This action arises out of a motor vehicle accident involving the parties which occurred at a four-way stop on January 29, 2009 (the Accident)....