Stapleton v. Andrew

Greg Phillips and Simon Irving just received Reasons for Judgement awarding a young woman more than $161,000 in damages for injuries she suffered in a motor vehicle accident.

While driving home after work one night, our client was rear-ended by a distracted driver. The driver tried to flee the scene, but fortunately was followed by a concerned citizen who had witnessed the accident. As a result of the accident, our client sustained multiple injuries to her neck, shoulders and back. She also suffered from headaches and symptoms affecting the use of her right arm.

At the time of the accident, our client was a young chef. She had recently achieved her Red Seal accreditation and was looking forward to pursuing a career in a field she loved. After the accident, she pushed through her pain as much as she could to maintain her employment and reputation as a hard worker. Over time, however, it became clear that she couldn’t manage all the demands of working as a chef, and that she would have to look for other, less satisfying work. Being unable to apply for a multitude of kitchen positions that she would have been perfect for absent her injuries, she had yet to find new employment at the time of trial.

ICBC argued that our client’s injuries were minor and had only a minimal impact on her life. They also argued that her ongoing symptoms would in no way impact her ability to earn an income in the future. Without any real basis, ICBC also said that our client was not a reliable or credible witness.

At trial, Greg and Simon presented expert medical evidence from a physiatrist and occupational therapist to establish that that our client’s injuries were caused by the accident, were permanent, and would continue to impair her life and ability to work in the future.

In the end, the judge largely rejected all of ICBC’s arguments and awarded our client $161,191.64 including $75,000 for pain and suffering and $80,000 for loss of future earning capacity.

You can click on the link below to read the trial judge’s Reason’s for Judgement:

Stapleton v. Andrews, 2019 BCSC 678

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