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.

2015

John Cameron and Brandon Souza acted for A.B., a 37-year-old professional resume writer who was injured in a rear-end motor vehicle accident.  The accident left her with significant ongoing pain in her neck along with post-traumatic stress disorder and major depressive disorder. Her symptoms limited her ability to work and grow her business as she had prior to the accident.  After a 3-week trial, the Court awarded damages totaling $352,000, plus costs.  The judgment included damages for the plaintiff’s future lost earning capacity of $170,000. Prior to trial ICBC’s best offer was only half of the compensation which A.B eventually received.

Joe Murphy, Q.C., Kevin Gourlay, and Mike Murphy acted for the plaintiff who was 16 when he was hit by a young woman who was not paying attention while driving on Halloween night in 2008. He suffered a significant traumatic brain injury. Before the accident, he had been an exceptionally gifted young man. Although he remained intelligent and was attending university, he was plagued by fatigue and cognitive difficulties as a result of the accident that would significantly impact his ability to work as an engineer. The Court assessed damages at $3,297,000, including $3M for loss of future earning capacity.

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.

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).

Lafferty v. MacInnes, No. 86177 Kelowna (Jury Trial)

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 Brandon Souza represented two young girls, who were 15 and 11 at the time of the accident. Both sustained spinal fractures and one was rendered a paraplegic. Both girls were passengers in their mother’s vehicle which was struck by another vehicle that crossed into their lane during a snow storm. The driver that crossed into their lane was found 100% at fault for the accident.

Kevin Gourlay was counsel for a 44-year-old general contractor who was injured in two rear-end motor vehicle accidents. The accidents left him with significant ongoing pain in his neck and back that limited his ability to work as he had prior to the accidents. After a 5-day trial, the Court awarded damages totalling $468,365, plus costs. The judgment included damages for the plaintiff’s future lost earning capacity of $285,845.

Afonina v. Jansson, 2015 BCSC 10

Scott Stanley and Mike Murphy represented the Plaintiffs in this case involving mild and moderate brain injuries that the plaintiffs sustained as two passengers when the driver of their vehicle lost control on the highway and crashed into a ditch. The court awarded $943,889.36 and $1,525,404.77, respectively.

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