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.

Back and Spinal Cord Injuries

Keri Grenier acted for a worker who suffered multiple injuries while working in the laundry department of the Kelowna General Hospital when he was lifted off the ground and crushed by a laundry machine. Despite his significant injuries, the worker was denied part of his WorkSafeBC claim on the basis that his injuries were initially found be unrelated to the accident. Keri requested a review of the decision denying his neck injury, among other things.  The Review Division denied the review. Keri successfully appealed on behalf of her client to the Workers’ Compensation Appeal Tribunal (WCAT) which confirmed that the worker’s neck injury arose out of the accident. WCAT also suggested that the Board should consider a permanent, partial disability pension assessment with medical treatment.

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.

Veronic Medved and Tara Chandler acted for a Plaintiff who was only 23 years old at the time of the collision. After T-boning the Defendant (who was found 100% responsible for the collision), the Plaintiff developed a traumatic lesion on her spine and chronic pain condition which disabled her from gainful employment. The Court awarded damages in the amount of $1,885,000, including $185,000 for pain and suffering and $1,297,146 in future income loss. Although her working history was short, the Court accepted that as a single mom, the Plaintiff was very attached to the workforce and would have worked on a full-time basis to the age of 70 without voluntary withdrawal.

Bill Dick and Keri Grenier acted for a plaintiff whose injuries had rendered her an incomplete quadriplegic. The Court agreed that she required full time care that was being provided up to the date of trial by her spouse. The Court awarded total damages exceeding $3.4 million.

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.

Raj Dewar acted for the Plaintiff – a 34 year old administrative assistant – who suffered injuries to her neck and mid-back when she was rear-ended in a collision. ICBC agreed the other driver was at fault and admitted that the injuries the Plaintiff suffered were as a result of the collision. However, ICBC refused the Plaintiff’s offer to settle her claim and forced her to go to trial. At trial, the judge awarded $70,986.35 in compensation for her injuries and double costs against ICBC as the Plaintiff had been prepared to resolve her case for less than what the judge awarded her.

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.

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