Parker v. Lemmon

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.

Parker v. Lemmon, 2012 BCSC 27

Counsel for the Plaintiff: Greg Phillips

The plaintiff, Parker, claimed damages arising from two motor vehicle accidents occurring within approximately one month of each other. In the first accident, the plaintiff was rear-ended by the defendant, Lemmon. In the second accident, a taxi driven by the defendant, Nyman, and owned by the defendant Swiftsure Taxi Co. Ltd. pulled out in front of the plaintiff and stalled on a  patch of ice, resulting in a collision. The plaintiff sustained injuries to her neck, back, and shoulders and myofascial pain and headaches. Although the plaintiff was able to return to work post-accident, her work as a personal care aide proved to be too difficult and painful for her, causing her to leave her employment two years later. She had been diagnosed with a variety of ongoing health issues before the accident, including irritable bowel syndrome, diabetes, and reduced liver function, which were considered when determining the plaintiff’s claims under the various heads of damages. The plaintiff called Dr. Vaughn and Dr. Mackean to testify, who both confirmed that the plaintiff’s work would be restricted in the future as a result of injuries sustained from her motor vehicle accidents. With cases like this in which there are minimal objective injuries, reliance must be placed on the subjective accounts of the pain that the plaintiff is experiencing. In this case, the judge determined that the plaintiff was straightforward and did not exaggerate her symptoms.

The judge assessed damages as follows: Non-pecuniary damages in the amount of $45,000; Loss of Capital Asset (her ability to earn income in her chosen field as a personal care aid) in the amount of $25,000; Loss of Housekeeping Capacity in the amount of $1,500; Cost of Future Care in the amount of $1,500; and Special Damages as $2,845.33.