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, Neck and Spinal Cord Injuries

John Cameron and Paul Bosco acted for A.G. who sustained injuries to her neck, back, shoulder, and arm, as well as headaches in a motor vehicle accident. A.G. was a very fit and active young woman at the time of her injury. Her injuries impacted her ability to work at full capacity as a yoga instructor and as a high-intensity fitness instructor.

In addition to advocating for fair compensation for A.G.’s injuries, one of the main issues at trial for Mr. Cameron and Mr. Bosco was fair compensation for the impact of her injuries on A.G’s employment in the fitness training industry.

Ultimately the Court awarded A.G. over $140,000 in compensation. This was over three times the amount ICBC had offered her before trial, and more than 10 times the amount she was offered before she obtained the assistance of Mr. Cameron and Mr. Bosco.

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.

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.

AT was a man who worked in the funeral services industry and who suffered serious back pain and spasms after a motor vehicle accident. Unfortunately this chronic pain eventually led to the loss of his career. John M. Cameron of Murphy Battista assisted Mr. David Kolb of Kolb Law Corporation and together they represented AT in a trial in BC Supreme Court. AT achieved an award for compensation of $586,000 which was four times more than ICBC’s best pre-trial offer. AT was awarded $110,000.00 for pain and suffering, $108,000 for diminished earning capacity up to trial, $320,000 for loss of future earnings, and $45,000 for the costs of future medical care.

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.

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.

Scott Stanley and Brandon Souza represented 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.

Kevin Gourlay was counsel for a 44-year-old general contractor who was injured in two rear-end motor vehicle accidents. The accidents left him with significant ongoing pain in his neck and back that limited his ability to work as he had prior to the accidents. After a 5-day trial, the Court awarded damages totalling $468,365, plus costs. The judgment included damages for the plaintiff’s future lost earning capacity of $285,845.

Kevin Gourlay acted for a massage therapist who sustained soft tissue injuries to her back in left-turn accident. The defendant argued that our client was wholly or partially at fault for the accident. Chief Justice Hinkson found the defendant to be entirely at fault for causing the accident and awarded damages totalling $373,424. This included $190,000 for lost earning capacity as the plaintiff’s injuries would likely affect her future career as a medical doctor.

Scott Stanley successfully represented the Plaintiff who was a metal fabricator who injured his neck, back and shoulders in a car accident. Even though he continued to work full time, the Court awarded the Plaintiff $160,000 for lost overtime. The total award to the the Plaintiff was $268,000.

AF injured her back in a motor vehicle accident prior to becoming a police officer. Her injuries affected her training at the Police Academy and also limited some of the overtime opportunities available to her in the police. Mr. Cameron assisted another lawyer, Mr. David Kolb, in conducting a trial for A. in B.C. Supreme Court. Prior to the trial ICBC offered AF $15,000. AF was awarded over $85,000 at trial.

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