Designated drivers now indemnified against injuries caused by a drunk passenger…for now.
November 16, 2015
As we head towards the season of work celebrations and holiday parties the prevalence of designated driver’s is likely to rise. A recent case from the BC Court of Appeal addressed the indemnification of designated drivers and has found that a passenger whose actions cause injury is a “user” of…Continue Reading
Liability of “Common Carriers”
April 2, 2014
Reasons today from Mr. Justice Abrioux in Bideci v. Neuhold, 2014 BCSC 542, a case involving the liability of common carriers. The case arose from injuries suffered by a 93-year-old man who fell when a bus driver pulled out from a stop before the plaintiff had a chance to exit. The…Continue Reading
Disclaimer: The outcome of every legal proceeding will vary according to the facts and unique circumstances in each individual case. References to successful case results where the lawyers at Murphy Battista LLP have acted for clients are not necessarily a guarantee or indicative of future results.
Brian Brooke and Jeffrey Nieuwenburg represented a plaintiff, who was 19 at the time, who was injured while riding as a passenger in a friend’s vehicle when the vehicle left the roadway and rolled. She sustained compression fractures to her thoracic vertebrae and a closed head injury. As a result of these injuries, the plaintiff developed a chronic pain condition and was unable to pursue her dreams of becoming a registered nurse. At trial, the defendant was found wholly responsible for the accident. The plaintiff was awarded damages of approximately $1.4 million.
This case involved two young girls, who were 15 and 11 at the time of the accident. Both sustained spinal fractures and one was rendered a paraplegic. Both girls were passengers in their mother’s vehicle which was struck by another vehicle that crossed into their lane during a snow storm. The driver that crossed into their lane was found 100% at fault for the accident.