In a recent case before the courts, partner, Chris Martin and his associate, Jonathan Fung, sought damages for their client who was injured in a motorcycle accident in August of 2011. The client did not suffer any catastrophic injuries in the accident but his injuries were significant and complex. There were however, multiple pre-existing conditions that became symptomatic after the accident. The injuries suffered in the accident and the activation of the pre-existing conditions caused the client to suffer severe depression and chronic pain.
ICBC was of the position that, despite the high velocity trauma suffered by the client in the accident, the majority of the suffering was as a result of his pre-accident health. LK Law was successful in demonstrating that in this case ICBC’s position was incorrect and that the accident had debilitated the client’s work life, social life and his ability to care for his family.
In analyzing the case, Madam Justice Fisher provided a reasoned and succinct summary on the law of causation. To establish causation a plaintiff must prove that the defendant caused or contributed to the injuries a plaintiff is suffering from. It is a difficult area of law in situations where injuries suffered in a motor vehicle accident overlap or activate conditions that pre-dated the accident. Chris Martin obtained a judgment in the amount of $1.15 million on behalf of his client.
Read the full case: Chappell v. Loyie, 2016 BCSC 1722
This article is intended to be an overview of the law and is for informational purposes only. Readers are cautioned that this article does not constitute legal or professional advice and should not be relied on as such. Rather, readers should obtain specific legal advice in relation to the issues they are facing.
This article was written by a lawyer formerly employed at Lindsay Kenney LLP.