Courtney v. Hutchinson

Most of the cases we deal with settle. However there are occasionally cases where we cannot get ICBC to offer a settlement that we feel is fair for you, and in these situations we are prepared to go to trial on your behalf. This is a decision in one of our recent cases.

Courtney v. Hutchinson, 2012 BCSC 188

Counsel for the Plaintiff: Greg Phillips

This case is the result of a motor vehicle accident in which the plaintiff, Ronald Courtney, was rear-ended by the defendant’s vehicle, suffering soft tissue injuries to his neck and back and headaches. Prior to the accident, the plaintiff was an active, hard-working individual with a physically demanding job in the logging industry. The plaintiff had degenerative disc disease and osteoarthritis before the accident, which was asymptomatic. The judge determined that the accident, not the preexisting degenerative disease was the cause of the plaintiff’s ongoing neck and back pain. The judge awarded the amount that was argued by the plaintiff of $70,000 for pain and suffering and loss of enjoyment of life.  The total awarded for damages are summarized as follows:

a)     $70,000 for non-pecuniary damages;

b)     $3,000 for past wage loss;

c)      $30,000 for future wage loss;

d)     $2,000 for cost of future care; and

e)     $151.73 special damages agreed to by the parties.

Total Damages: $105,151.73