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.

2008

Scott Stanley and Joe Murphy, Q.C. successfully represented the Plaintiff at trial. The Plaintiff sustained a concussion which the Defendant and her insurer strongly contested. After several days of evidence and demonstrating the profound nature of the Plaintiff’s difficulties, the Defendants insurer agreed to pay the full insurance policy limit of $1,000,000 plus the Plaintiff’s costs. The Defendant’s insurer tried to withhold payment of the $1,000,000 settlement funds until the amount of the costs was sorted out. Scott and Joe successfully obtained an order that the $1,000,000 be paid immediately and obtained a further order that the Defendants pay double costs to the Plaintiff for refusing to accept an early settlement offer from the Plaintiff.

Stephen Gibson and Irina Kordic represented the Plaintiff who was 6 years old when he was struck by a motor vehicle and suffered a traumatic brain injury. Eight years after the accident, the Plaintiff’s mother sought assistance from the Defendant for medical benefits. The benefits were denied on the basis that the limitation period expired 2 years after the last payment made by I.C.B.C., despite the Plaintiff being a minor when the limitation expired. The Plaintiff alleged negligence against the adjuster, and bad faith against I.C.B.C. The Plaintiff was successful on a summary trial application by the Defendant to strike the Plaintiff’s claim, and the Defendant appealed. The Court of Appeal ruled that the Plaintiff’s claims would not be struck, and that they were permitted to proceed to trial on the basis that it was not plain and obvious that the Plaintiff was owed a duty of care to be informed of a lapsing limitation, or that the limitation date had expired. This was a novel finding of law in the area of potential negligence by an insurance adjuster in administering first party claims.

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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