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.

2019

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.

Kevin Gourlay acted for two owners of a rental property in Maple Ridge. They thought they were properly insured but when a fire happened, they were denied coverage by their insurer because the home was between tenants and the policy said they had no coverage while the home was “vacant.” The plaintiffs brought a claim against their insurance broker for failing to advise them of the potential gaps in their coverage. The Court concluded that the broker was negligent and was the sole cause of the lack of coverage.

Kevin Gourlay  and Stephen Gibson acted for a plaintiff who suffered persistent cognitive symptoms arising from a concussion / mild traumatic brain injury suffered in a 2014 motor vehicle accident. The defence disputed the nature of her injury and suggested it would only have a minimal impact on her ability to earn income. Counsel led evidence from family doctors, a physiatrist, a neuropsychologist, a physiatrist, a psychologist, and an occupational therapist in order to prove her injuries. The Court awarded the plaintiff damages of $428,272, including $140,000 for pain and suffering, $170,000 for lost future earning capacity, and $30,627 for future care.

John Cameron worked with Veronica Medved and Kevin Hyde as counsel for a 42 year old Romanian immigrant to Canada who sustained injuries to his back in a motor vehicle collision that occurred on August 15, 2013. After immigrating to Canada, the Plaintiff began working as a cleaner at a metal fabrication shop. He enjoyed his work with the Company and was praised for his work ethic. Following the Collision, the Plaintiff was unable to continue to do the physical work associated with his position and the Company had to let him go. At the time of trial, the Plaintiff was working as a casual support worker at a care home. His back continued to bother him at work and limited his employment opportunities. At trial, the Plaintiff was awarded compensation for his injuries and losses in the amount of $604,962, plus costs and disbursements. The written reasons included damages of $70,000 for pain and suffering, $117,000 for past loss of earning capacity, $16,175 for future care, and $400,000 for loss of earning capacity.

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.

The court upheld the trial decision, that was in favour of our client, and dismissed the appeal.

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.

Raj Dewar and Kevin Hyde were counsel for a 34 –year-old third generation stonemason who sustained injuries to his neck and right shoulder in two motor vehicle collisions. ICBC denied fault for both collisions until 2 days before the start of trial. The Plaintiff proceeded to trial and was awarded compensation for his injuries and losses in the amount of $673,770 plus costs and disbursements. The Plaintiff was also awarded double costs from the time of his formal offer to settle, beating ICBC’s formal offer to settle by over half a million dollars. The oral reasons included damages for $130,000 for pain and suffering, $98,600 for future care, and $395,000 for loss of earning capacity.

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