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.

2013

This was a related case to the case involving police officer EJ, noted above. In addition to obtaining compensation at trial for EJ’s injuries. EJ was also awarded compensation for approximately $10,000 of “sick bank” credits he had used while off work recovering from his injuries. ICBC appealed the decision regarding the sick bank credits but the BC Court of Appeal dismissed the appeal and confirmed that ICBC was required to reimburse EJ for the loss of the credits.

In this appeal, Scott Stanley and Kevin Gourlay acted for two homeowners that were denied coverage by their insurance company, Wawanesa, after their house was destroyed by a furnace explosion. Wawanesa took the position that they were not entitled to coverage because the home had been “vacant” for more than 30 days and because they had not notified Wawanesa of a “material change” in circumstances. The homeowners lost at trial with the trial judge upholding Wawanesa’s denial of coverage. Scott and Kevin took the file over after trial and were successful in having the Court of Appeal reverse the trial judge’s finding on the basis of a 1932 Supreme Court of Canada decision that had not been given to the trial judge.

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.

In Joba v. Basant Holdings Ltd, Kevin Hyde successfully defended a corporate client in a contractual dispute. The claim was dismissed in its entirety and costs were awarded to the client.

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.

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.

YW an elderly woman, fell and broke her hip when a bus driver accelerated into traffic without waiting for her to be safely seated. The transit company refused to accept responsibility and offered her $1.00 to settle her case prior to trial. Mr. Cameron took the matter to trial in the BC Supreme Court and YW was eventually awarded over $100,000 in damages.

KPW was a construction worker who injured his back in a motor vehicle accident. Prior to trial ICBC was prepared to offer him only $42,000 for his injuries and the impact on his employment. Mr. Cameron took the matter to the BC Supreme Court and KPW was eventually awarded over $120,000 in damages for his injuries and lost earnings.

Scott Stanley successfully acted for the infant plaintiffs who were injured in a serious motor vehicle accident. The Court found that both drivers were negligent which allowed the plaintiffs to collect damages from each of them.

Scott Stanley successfully defended an appeal by the Defendants who were found liable for failing to correctly place warning signs in a construction zone. The Defendants tried to argue that a legal doctrine protected road maintenance contractors such that they cannot be held legally responsible if the driver is partially at fault for causing the accident. The Court refused this argument and accepted Scott’s submission that the presence of some degree of fault by a driver does not prevent a contractor from also being at fault if the roads are poorly maintained. The Court dismissed the Defendants appeal. This is considered one of the leading cases in British Columbia on the doctrine of ordinary care.

Scott Stanley successfully represented the Plaintiff at a jury trial. The Plaintiff was injured in a motor vehicle accident and suffered from severe post traumatic headaches. The Defendant and his insurer denied the severity of the Plaintiff’s symptoms and tried unsuccessfully to challenge the credibility of the Plaintiff who was hard working and who had never missed a day of work before the accident and who tried multiple times to return to work. They Jury awarded the Plaintiff $2,203,719 essentially accepting every aspect of his claim.

Alex Sayn-Wittgenstein successfully opposed an attempt by ICBC to try and accept a settlement offer that had been, according to the court, “clearly and unequivocally revoked.”

Mr. Cameron was co-counsel in Albert v. Politano, Vancouver Registry No. M104190 where a jury awarded a boxer with a very promising career over $1 Million in damages for career-ending injuries for a motor vehicle accident. This was 20 times the amount the insurance company had assessed his losses at. That award was upheld in its entirety by the BC Court of Appeal.

Scott Stanley successfully defended an appeal by the Defendants who applied to dismiss a claim prior to trial. The Defendants were unsuccessful at the lower Court and the Court of Appeal upheld this ruling and dismissed the appeal. The proceeding involved a claim against a municipality for failing to properly install speed bumps which contributed to an accident.

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