Ms. Blenkarn was at fault for her 1st accident. She was later involved in 4 more mva’s for which she was not at fault. Her 2nd – 4th mva’s worsened her 1st mva injuries. Her 5th mva was more significant and caused her to stop working because of her headaches. At trial ICBC’s lawyer argued that:
- all of Ms. B’s injuries were mainly caused by her 1st accident &
- thus, her damages should be significantly reduced to account for this.
Mr. McNeilly, 52, was suffering from a back injury, degenerative disc disease & severe pain in both feet before his accident. Then he suffered shoulder, hip, neck & chest injuries from his mva.
Two of the main issues at his trial were:
– to what extent his condition was worsened by his mva &
– whether he was partly at fault for his mva. Continue reading
Ms. Olson was struck & injured by a car while walking across an unmarked crosswalk. As she left the curb she was engaged in a telephone conversation.