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, class action lawsuits 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.

Pedestrian Injuries

Scott Stanley and Mike Murphy successfully represented the Plaintiff at trial. The Plaintiff was a successful window washer who was struck by a vehicle while working on his ladder, causing him to fall to the ground and sustain a brain injury. The Defendant took the position that the Plaintiff and the strata he was working at were partially at fault for the accident, noting that the Plaintiff and the strata had not followed certain WorkSafeBC guidelines. The Court found the defendant driver to be 100% at fault and assessed the Plaintiff’s damages at $648,000.

Nunez v. Remming BCSC M131061 Jury Trial November, 29 2019

John Cameron and Paul Bosco represented VN in a jury trial. VN was an exceptional college football player with aspirations to play in the CFL. Sadly he was run over in a parking lot by a vehicle that then fled the scene. His injuries dramatically impacted his football playing and he never returned to the high level of skill he had enjoyed prior to the accident. The jury awarded VN over $190,000 an amount much higher than offered by the Defendant prior to trial.

Scott Stanley and Brandon Souza acted for the plaintiff in this case involved physical and psychological injuries sustained by a 49 year-old pedestrian on a sidewalk when a driver lost control while attempting to park, drove onto the sidewalk, and pinned the pedestrian against a wall. The pedestrian required three surgeries and had significant limitations with work as a teaching assistant and day-to-day living. The court awarded $1,064,682.07.

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.

Kyla Taggart was 10 years old when she was struck by the defendant’s vehicle as she attempted to cross the road outside her elementary school. Kyla was in or near an unmarked crosswalk. The defendant took the position that the accident was not her fault and that Kyla’s mother was partially to blame for allowing Kyla to walk home. The Court agreed that the accident was 100% the fault of the defendant driver after accepting evidence that cars in the curb lane had stopped to allow Kyla to cross the road.

Stephen Gibson and Irina Kordic represented the Plaintiff who was in injured pedestrian. In this case, the Defendant drove down a quiet, residential street, intending to pick up the Plaintiff who was standing in the middle of the road. As the Defendant drove towards the Plaintiff, he ultimately and unintentionally struck the Plaintiff with his vehicle. Liability was denied and the Defendant claimed that the Plaintiff was the author of his own misfortune for standing in the middle of the road. Liability was found in favour of the Plaintiff 100% because he reasonably expected the Defendant to stop short of where the Plaintiff was standing. The Plaintiff was likely to require a total knee replacement in his later years as a result of advancing arthritis, but he was retraining in a new profession as a sound engineer. The damages were awarded at $1,196,000.

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