16 Feb Complex Liability Cases
Acheson Sweeney Foley Sahota has a lengthy track record of success in cases involving complex questions of liability or fault, including cases requiring extensive expert evidence for engineering issues, medical care standards, or accident reconstruction.
For instance, in Meghji v. Lee, 2011 BCSC 1108, a vehicle struck our client while she crossed Blanshard Street as a pedestrian, causing serious injury. Establishing the fault of the driver was relatively straightforward: he admitted to using marijuana, Risperdal, Prozac, as well as crystal methamphetamine in the 24 hours prior to the accident. The driver also told the court he had difficulties seeing outside of his car when the accident occurred. However, these factors made it that much more of a challenge to convince the court that the BC Ministry of Transport and Highways was also at fault. On that point, our firm compiled and laid out expert evidence proving that the design and layout of the intersection fell below acceptable standards because it failed to provide adequate light to the crosswalk where the accident happened. Mr. Justice Johnston accepted that evidence, finding both the driver and the Ministry responsible for the accident. He awarded the plaintiff $1,150,212 in damages (reduced to $950,212 on appeal).
By proving that both the driver and the Ministry were at fault for the accident, we put our client in a position to collect on her entire damage award, rather than limiting her compensation to the $200,000 insurance policy held by the driver and ICBC’s Underinsured Motorist Protection. This is one reason why it is essential to retain experienced counsel when your case involves complex liability issues.