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.

Paul J. Bosco

Irina Kordic and Paul Bosco represented a woman for injuries she sustained in a car accident. Prior to the accident, she suffered injuries in a significant workplace accident which led to chronic low back pain, depression, and anxiety, all of which caused her to require significant amounts of medication and be permanently partially disabled. The car accident caused her back injury and anxiety to worsen, and she became largely housebound and unable to work at all. ICBC argued her existing injuries and medication use, along with several other unfortunate events in her life, were the cause of her problems. The Court, however, accepted the arguments of Ms. Kordic and Mr. Bosco that the victim’s injuries, specifically her much-worsened anxiety, was a cause of her present issues and disability, and awarded 1.5 times what ICBC offered before trial.

 

John Cameron and Paul Bosco represented Mr. Shrieves for injuries he sustained in a car accident when he was 67 years old. Mr. Shrieves was also involved in additional car accidents: one 20 years prior, and one 3 months prior. He also had experienced some rheumatoid arthritis. However he had worked full-time and been very good at his job in spite of those previous issues. Unfortunately, the injuries from the accident in question in this case required him to retire 2 years earlier than he had planned. ICBC argued he should not receive any money for this, but the judge accepted Mr. Cameron and Mr. Bosco’s arguments that he should. The judge ultimately accepted virtually all of Mr. Cameron and Mr. Bosco’s submissions, and awarded Mr. Shrieves $163,000, over three times what ICBC offered prior to trial.

Paul Bosco and Scott Stanley successfully defeated the appeal of a trial where tenants and a landlord were found liable for significant burn injuries sustained by their client. One of the tenants poured used motor oil on a backyard fire which caused an explosion. The landlord, who happened to be the City of Burnaby, had been warned the tenant had had fires in the past, which was contrary to their own bylaw prohibiting open fires, but did nothing about this. The Court of Appeal, the highest level of Court in BC, accepted Mr. Bosco and Mr. Stanley’s arguments that this scenario could have been reasonably foreseen by both the tenants and the landlord, and that the injured victim was in no way responsible for her injuries. This case explored new areas of the law on landlord and tenant liability, as well as liability following awareness of ongoing hazards, with an outcome that is helpful for people who are injured in BC.

Irina Kordic and Paul Bosco represented Ms. Nessar Ali, who suffered multiple injuries in a car accident, including a torn rotator cuff which required surgery, as well as emotional injuries. All aspects of Ms. Nessar Ali’s life were significantly impacted as a result of her physical and emotional injuries, including her ability to work and her ability to perform her housekeeping tasks. The court accepted the arguments of Ms. Kordic and Mr. Bosco that Ms. Nessar Ali was entitled to an award for pain and suffering, as well as an additional amount of money for lost housekeeping ability. On top of that, the court accepted their arguments that she was entitled to an amount of money for housekeeping that was performed by a friend as well as her daughter to date, and an amount of money for housekeeping into the future. ICBC argued against each of these, but the court rejected all of ICBC’s arguments on these points. In total, Ms. Kordic and Mr. Bosco obtained an award of almost $300,000 for Ms. Nessar Ali that was almost exactly three times the amount ICBC offered before trial.

Paul Bosco and Kevin Gourlay represented a young woman who was struck from behind at high speed by a drunk driver and pushed across an intersection into a ditch. She sustained injuries to her neck, shoulders, back, and headaches, which persisted for many years despite a significant amount of treatment. She missed a few days from work, but generally pushed through her pain beyond that. The Court accepted Mr. Bosco and Mr. Gourlay’s argument that her ability to earn income in the future was negatively impacted as a result of her injuries despite having lost no income to date and having received several promotions and raises. The Court also agreed with Mr. Bosco and Mr. Gourlay that she was entitled to a significant award for pain and suffering, as well as an additional independent award for the impact on her ability to perform housekeeping tasks. In total, the Court awarded $124,000, including $85,000 for pain and suffering.

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.

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.

T.S. v. D.M. (jury trial), April 1 – 26, 2019

Kevin Gourlay, John Cameron and Paul Bosco represented an RCMP officer who was injured when he was rammed multiple times by the driver of a stolen pick-up truck who was attempting to avoid arrest. T.S. was a highly regarded and successful officer who suffered persistent post-concussion symptoms that had a devastating effect on his health, his family life, and his work as a police officer..

After a three week trial in which the defendant took the position the case should be dismissed, the jury deliberated for two days before delivering a verdict well in excess of $1M.

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.

In QP v. Bolton, Alex Sayn-Wittgenstein and Paul Bosco acted for an RCMP officer who was significantly injured in the course of his duties. The court accepted their arguments that his life was significantly impacted as a result of his injuries, he missed out on earning overtime income, his opportunity for advancement in his career may be limited, and that his wife was entitled to compensation for the care she provided by way of an in trust claim. The court also accepted their argument that he and his employer should be compensated for the time he missed from work, despite having been paid by his employer for this time, finding that it would be unfair to let the wrongdoer benefit from the generosity of the employer.

Scott Stanley and Paul Bosco represented a young woman who was the victim of horrible burns following an explosion at a backyard fire pit. The tenant poured a bucket of used motor oil on the fire, causing it to explode. The landlord, who happened to be the City of Burnaby, had been warned the tenant had fires in the past, which was contrary to their own bylaw prohibiting open fires, but did nothing about this. In the course of a month-long jury trial, the court accepted the arguments of Mr. Stanley and Mr. Bosco that (1) a duty of care was owed by the landlord to the victim, a visitor to the premises, (2) it was impossible for the victim to be found at all at fault for the incident and her injuries, and (3) only basic factual questions should be put to the jury for consideration. The jury ultimately awarded the victim a total of $4.56 million.

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.

At issue was whether a car dealership should be found liable for injuries caused by a truck stolen from their car lot. The court accepted that not only was the thief at fault, but the dealership was as well. The evidence established that an employee left the truck unattended with the keys in the ignition, engine running, and doors unlocked for a period of about 40 minutes. Alex Sayn-Wittgenstein and Paul Bosco successfully argued their client was not at all contributorily negligent for having removed his seat belt prior to the collision in anticipation of pursuing the thief on foot.

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.

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.

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