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.

Jeffrey J. Nieuwenburg

Jeff Nieuwenburg acted for the plaintiff on an appeal regarding a finding of contributory negligence on her part and failure to mitigate her damages. The appeal was successful in part with the court finding there was no evidence that the plaintiff failed to follow a treatment, that would have decreased her damages and the failure to mitigate finding was set aside. In the result, this meant that the plaintiff was entitled to recoup the 75% reduction that had been applied to her damages award for failure to mitigate.

Jeffrey Nieuwenburg acted for the plaintiff on an application by the plaintiff for production of documents from the defendant which include liability documents, privileged documents from its list of documents, and an affidavit of documents. The plaintiff also sought costs. There was a 15-day jury trial in this matter scheduled for February 2018.

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.

Scott Stanley, Brian Brooke and Jeff Nieuwenberg acted for the the plaintiff who alleged that the defendant municipality was negligent in its winter maintenance of the road where the accident that injured the plaintiff had occurred. The plaintiff claimed her injuries disabled her from working and most activities of daily living. While the Jury found the parties shared liability it awarded the plaintiff damages of $3,576,600. The Jury also found the plaintiff had failed to mitigate her damages. The plaintiff later appealed and was partly successful in that the BC Court of Appeal set aside the Jury finding that she had failed to mitigate her damages (see: Rhodes v. Surrey (City), 2016 BCSC 1880).

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.

 

Scott Stanley and Jeff Nieuwenburg successfully acted for an investor on this appeal. The investor lost substantial sums of money investing in an option trading program with Canaccord. The investor won at trial and Canaccord sought to overturn the verdict but were not successful.

Kevin Gourlay acted for a young woman and mother of three who was injured in a motor vehicle accident. At the time of trial, she continued to suffer from mid-back pain as a result of the accident. The Court awarded damages of $91,700, including $60,000 for pain and suffering.

Scott Stanley and Jeff Nieuwenburg acted for the Plaintiff who lost his life savings during the stock market crash of 2008. The elderly Plaintiff had been investing with Canaccord who allowed him to participate in a highly risky option trading program. The Court found that Canaccord failed to properly screen the Plaintiff for suitability for the options trading program and awarded him $212,000 for his losses.

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