Haley v. Gust

In this case, Richard Johnston and Greg Phillips acted for a 35-year-old deputy sheriff and mother of two. She was injured when her motorcycle was struck by a car that turned left in front of her in an intersection. The impact sent her flying her over the handlebars of her motorcycle and onto the roadway.

In the aftermath of the collision, our client was confined to a wheelchair for about one month with significant injuries to her left leg, and her previously active lifestyle was greatly affected by her injuries.

At trial, ICBC, on behalf of the defendant, argued that, despite her significant injuries, our client’s lifestyle was not adversely affected by the collision. They also argued that her income earning potential had also not been reduced as a result of her injuries. Because of that, ICBC argued, as they usually do, that our client shouldn’t be awarded much in damages.

In support of our client’s case and to dispel the arguments made by ICBC, Richard and Greg called several medical experts, an occupational therapist, as well as family members and close friends to testify that our client’s injuries were in fact significant and that her ongoing symptoms would prevent her from continuing in her line of work.

The trial judge accepted the evidence and arguments put forward by Richard and Greg, and awarded our client $223,123.20 including $75,000 for pain and suffering, and $100,000 for loss of future earning capacity.

You can click on the link below to read the trial judge’s Reasons for Judgment:

Haley v. Gust, 2010 BCSC 1143