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Tag: British Columbia Supreme Court

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Plaintiff’s Claim Struck For Failure to Prove Liability of Unidentified Driver

On November 9, 2011, the Honourable Mr. Justice Williams of the British Columbia Supreme Court delivered his judgment in PAGUIO V. FRASER, 2011 BCSC 1519.

The trial was a result of an action filed by Cesar Paguio, to establish liability for the serious head injury he suffered in an auto accident on February 28, 2010. At the time of the accident, Mr. Paguio was driving his motor scooter in the right hand lane along Knight Street, in Richmond. He suddenly crossed into the left lane occupied by a Volkswagen, operated by Mr. Fraser, striking Fraser’s vehicle in the area of the right front wheel well and tire.

November 25, 2011

Damages Not Reduced Based on a Lack of Doctor Visits

The British Columbia Supreme Court recently held that the number of visits to a doctor’s office does not determine the value of the Plaintiff’s personal injury claim. In TARZWELL V. EWASHINA, the Plaintiff was injured in a motor vehicle collision in 2007 and suffered soft tissue injuries to the lower back and trapezius muscle. After she was injured, the Plaintiff decided not to burden the medical system with unnecessary visits to physicians who would give her little or no further advice other than what she had already received and followed.

November 22, 2011