Our Success at Trial Benefits All Our Clients*

We are experienced trial lawyers with a proven track record of success.

A selection of personal injury and insurance cases* where our lawyers have successfully helped clients are listed below.

*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.

Brain and Head Injuries

John Cameron and Paul Bosco acted for Mr. Welder, who sustained injuries to his neck, headaches, and concentration difficulties after a motor vehicle accident. His injuries impacted his life, particularly his ability to continue to work as a tower crane operator, a job he had enjoyed and performed for over 30 years prior to his injuries. One of the main issues at trial was quantifying the losses to Mr. Welder, as he had put together a successful company after his injuries and was employing others to do the tower crane work he had previously done himself. ICBC argued that, as Mr. Welder’s company was now so successful, he should be not be awarded any earning capacity losses for the loss of his ability to operate a tower crane. However the judge accepted John and Paul’s arguments and awarded Mr. Welder damages for lost past and future income. The Court found that Mr. Welder had unquestionably suffered a loss of the ability to perform a job that he was very good at and such a loss has economic value. The Court ultimately awarded Mr. Welder over $450,000 in compensation, including damages for loss of earning capacity, an award which was significantly more than ICBC offered before trial.

John M. Cameron and Paul Bosco acted for Mr. Niessen, who was the sole proprietor of a plumbing-and-heating company. Mr. Niessen sustained significant injuries (head, neck, and lower back) when his vehicle was struck by a vehicle that crossed the centre line of a highway and these injuries affected all areas of his life. The main issue at trial was the degree to which Mr. Niessen’s ability to earn income had suffered as a result of his injuries. ICBC took the position that there was a lack of documented evidence to support this loss. However, the court accepted Mr. Cameron and Mr. Bosco’s arguments that Mr. Niessen’s history of skill and ability in his industry, his business records, and the witness called on his behalf including former co-workers and customers, all were sufficient to prove that a significant loss had occurred. In the end, the Court awarded over $840,000 for this loss of earning potential. Overall, the court awarded Mr. Niessen just over $1.2 million, which was almost triple the amount the insurance company had argued Mr. Niessen deserved.

Stephen Gibson, Scott Stanley, and Brandon Souza acted for the plaintiff who suffered a traumatic brain injury and a spinal cord injury that rendered her an incomplete quadriplegic. The plaintiff, an engineer, was driving across train tracks at a passive crossing when a train collided with the right side of her vehicle. The court found that Canadian National Railway Company was aware of insufficient sight lines and the dangerous nature of the specific railway crossing for many years prior to the accident and took no actions to ameliorate those risks. Despite the Plaintiff’s failure to stop at a stop sign at the railway crossing, Canadian National Railway Company was still found 60% at fault for the accident. The court awarded approximately $3,200,000 in damages.

Kevin Gourlay and Paul Bosco acted for a 46-year-old tradesman who sustained injuries to his head, neck and back in a head-on collision. The plaintiff also claimed compensation for psychological injuries. He was initially denied benefits by ICBC who said that it was a WCB issue. Having overcome that defence, the plaintiff proceeded to trial and recovered damages of $724,000, including $150,000 for pain and suffering and $400,000 for lost earning capacity.

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.

Joe Battista, Q.C. and Paul Bosco represented a pedestrian plaintiff who sustained catastrophic injuries, including a brain injury, after being struck by a drunk driver. The driver had recently left a pub, and made several brief stops, including at his home, before colliding with the plaintiff. The law up to this point was that if a patron makes it to their home, by whatever means, the establishment would no longer be liable for injuries caused by the patron, full stop. The court rejected this proposition, and found the pub partially liable for the plaintiff’s injuries. This decision effectively became the new law in BC on commercial host liability, expanding the responsibility owed by establishments, and creating a more favourable legal landscape for claimants who have been injured by intoxicated patrons.

Bill Dick and Keri Grenier acted for a plaintiff who was 17 years old when she was struck in a crosswalk by a pickup truck driven by the defendant. The plaintiff’s principal issues following the injury included ongoing dizziness, headaches, anxiety and depression. At issue was whether the plaintiff suffered a mild traumatic brain injury, and whether her ongoing complaints were related to the accident or to other psychosocial stressors in her life as alleged by ICBC. After a two week trial the Court awarded damages totalling $347,581. The judgment included damages for loss of future earning capacity of $175,000.

Joe Murphy, Q.C., Kevin Gourlay, and Mike Murphy acted for the plaintiff who was 16 when he was hit by a young woman who was not paying attention while driving on Halloween night in 2008. He suffered a significant traumatic brain injury. Before the accident, he had been an exceptionally gifted young man. Although he remained intelligent and was attending university, he was plagued by fatigue and cognitive difficulties as a result of the accident that would significantly impact his ability to work as an engineer. The Court assessed damages at $3,297,000, including $3M for loss of future earning capacity.

Alex Sayn-Wittgenstein and Paul Bosco represented an 83 year-old plaintiff who sustained life-threatening injuries, including a brain injury and various fractures, when he was struck by a vehicle while standing at a bus stop. ICBC denied liability but court found that the driver’s testimony was “littered with enormous credibility issues.” The driver, who had fled the accident scene, was found fully at fault. The plaintiff was awarded over $800,000 at trial, including $315,000 for pain and suffering, over $400,000 for future care, and $55,000 in-trust for the care provided by his wife during his recovery.  Due to the plaintiff’s age and injuries, the case was brought to trial quickly, with the trial judgment being made less than 2 years after the accident.

Brian Brooke, J. Scott Stanley, and Jeffrey Nieuwenburg were co-counsel for the plaintiff who was awarded $790,000 in damages as compensation for suffering a significant brain injury . The injury was the result of a shove in retaliation for the Plaintiff teasing the Defendant in the aftermath of a bachelor party. The BC court reviewed the law regarding liability in connection with stag parties and in the result awarded the firm’s client $790,000 in damages.

 

Afonina v. Jansson, 2015 BCSC 10

This case involved mild and moderate brain injuries sustained by two passengers when the driver of their vehicle lost control on the highway and crashed into a ditch.  The court awarded $943,889.36 and $1,525,404.77, respectively.

Scott Stanley and Kevin Gourlay acted for the plaintiff, an emergency room doctor who sustained a concussion when he was rear-ended by a bus. Sadly, he was among the unlucky and statistically small minority of individuals who suffer long-term disabling symptoms as a result of a concussion. That concussion prevented him from being able to return to the practice of medicine.
Result: After a 29-day trial, he received judgment of just under $6,000,000 for damages, primarily resulting from his lost earning capacity as a doctor.

This was an application regarding costs following a 29-day trial in which the plaintiff had been awarded nearly $6,000,000 in damages following a fall at a night club that had resulted in a mild traumatic brain injury. The court concluded that the plaintiff was entitled to her costs from the defendant insurer despite the insurer not being obligated to indemnify the plaintiff for her losses.

Joe Murphy, Q.C. represented the plaintiff who suffered a mild traumatic brain injury at a night club. The plaintiff had been about to start a legal career at the time of the accident. The court awarded $5,934,712 for the loss of a career that ended before it began.

J. Scott Stanley and Irina Kordic acted for the plaintiff in this proceeding involving a motor vehicle accident that occurred on October 8, 2003. The Plaintiff was struck from behind by another vehicle and alleged that he sustained a concussion and soft tissue injuries. The Plaintiff alleged that he experienced permanent cognitive and physical symptoms as a result of the injuries he sustained in the accident.

The Defendant denied that the Plaintiff sustained a concussion and further denied that he had an permanent cognitive or physical symptoms as a result of the accident.

The Plaintiff’s case went to trial on April 14, 2009 and was heard by a Judge and Jury.

The Jury awarded the Plaintiff $638,000 damages.

Joe Murphy, Q.C. and Brian Brooke acted for a young woman who had sustained a traumatic brain injury.

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