PAINE EDMONDS LLP GETS LARGE JUDGMENT IN GREYHOUND BUS ACCIDENT CASE

Brad Garside and Kathryn Taylor of Paine Edmonds LLP obtained a large judgment against Greyhound Bus Company from the British Columbia Supreme Court arising from a bus accident on the Trans-Canada Highway near Hope, B.C.

Greyhound denied responsibility for our client’s injuries, income loss and other damages.
The case involved complex medical evidence respecting our client’s injuries.

Following a ten day trial, the BC Supreme Court awarded our client significant damages against Greyhound for:

• Pain and Suffering                                       $85,000
• Past Income Loss:                                       $646,058 (gross loss before tax                                                                                                               deductions)
• Future Loss of Earning Capacity:                $184,844
• Future Cost of Care:                                   $24,243
• Special Damages:                                       $20,428

Full reasons for judgment in Dhaliwal v. Greyhound Bus et al, 2015 BCSC 2147 can be found here.

Call Brad or Kathryn for help today if you or a friend are injured in a bus accident.

Drive Safe this Long Weekend!

By Ivar Lee, Vancouver personal injury lawyer and partner at Paine Edmonds LLP

The entire personal injury law team at Paine Edmonds LLP reminds everyone to drive safe this May long weekend.  According to a News 1130 report today, there are on average 2,000 crashes and 500 people injured every May long weekend.  Give yourself plenty of time to get where you're going so you can get to your destination safe and sound and enjoy your long weekend with your loved ones!

Deciding Who Is At Fault for Motor Vehicle Crashes Not Always Straightforward

By Stephen M. Lloyd, Vancouver personal injury lawyer and partner at Paine Edmonds LLP

A recent article in the Vancouver Sun (read the original story here) demonstrates that liability or fault in rear-end motor vehicle collisions, even those involving cars and bicycles, is not always as simple and straightforward as it may seem.  In this case, a bicycle was rear-ended by a motor vehicle after the cyclist made a lane change. The Court determined that the cyclist was “the author of his own misfortune” for making a lane change in the path of the motor vehicle. As such, the cyclist’s claim for personal injury was dismissed.

Who is and who is not at fault for a motor vehicle accident is something that I have to determine in every ICBC personal injury claim that comes across my desk. After all, “fault” is a crucial factor when making an ICBC tort claim in British Columbia. Sometimes, giving an opinion on fault to a potential client is quite easy, such as in rear-end motor vehicle collisions. However, the ruling of Supreme Court of  British Columbia in this case demonstrates that each and every determination of fault will ultimately depend on the particular facts of each motor vehicle accident case.

If you are making an ICBC claim for personal injury arising from a motor vehicle accident in British Columbia, and you need help figuring out if someone else is at fault for your injuries, then feel free to give me a call for a free consultation. I will be very happy to sit down and discuss your ICBC matter with you. 

Rise in Fatal Crashes Due to Cell Phone Use

By Stephen M. Lloyd, Vancouver personal injury lawyer and partner at Paine Edmonds LLP

According to a Globe and Mail report, recent research shows that cell phones can be responsible for more fatal motor vehicle accidents than alcohol.  Please read the full article here.

As a Vancouver ICBC personal injury lawyer, this article was yet another indicator to me of how dangerous driving can be, especially over long weekends. At Paine Edmonds, we always see a spike in calls from drivers making ICBC claims because they were injured in motor vehicle accidents over a long weekend. It is not uncommon to find during our investigations that the person who is at fault for the motor vehicle accident was talking on his or her cellphone, or even texting while driving.

If you have suffered personal injury because of someone else’s negligence causing a motor vehicle accident in Vancouver or anywhere in British Columbia, avoid the pitfalls of dealing with an ICBC claim by yourself and call me at 604.683.1211 for a free consultation.  

Drive Safe: Increase in Motorcycle Crashes According to ICBC Statistics

By Ivar Lee, Vancouver personal injury lawyer and Partner at Paine Edmonds LLP

A friendly reminder to all drivers and motorcyclists to be extra careful and share the roads this summer, especially with an increase in motorcyclists on the roads during sunny summer days. According to a News 1130 report, the Vancouver Police Department is reminding drivers to be extra careful on the roads as in increase in motorcycle crashes is being seen.  Based on statistics released by ICBC for the past years (2008 to 2012), each year on average there are 2,200 crashes involving at least one motorcycle.  Of these crashes, 42 motorcyclists are killed.

If you are involved in a motorcycle crash and suffer personal injury, please do not hesitate to contact any of our Vancouver personal injury lawyers at Paine Edmonds LLP for a free consultation about your motorcycle crash injury claim.  Visit us at pelawyers.com to learn more or call us at 604.683.1211 to arrange your free consultation.

IKEA Recalls A Number of KRITTER and SNIGLAR Junior Beds Due To Laceration Hazard

By Ivar Lee, Vancouver personal injury lawyer and Partner at Paine Edmonds LLP

IKEA announced today that they are recalling a number of KRITTER and SNIGLAR junior beds due to a laceration hazard:

IKEA asks customers who have a KRITTER or SNIGLAR junior bed to immediately check the date stamp on the label attached to either the headboard or the underside of the bed. 

While there have been no reports of injury, IKEA has received seven reports of breakage of the metal rod connecting the guardrail to the bed frame. A broken rod could expose sharp metal edges, presenting a laceration hazard. 

Only KRITTER junior beds with date stamp (YYWW) from 1114 to 1322 and SNIGLAR junior beds with date stamp from 1114 to 1318 are affected. 
Customers with an affected product are asked to visit their local IKEA store, Returns and Exchanges department to receive a free repair kit. Customers can also contact IKEA toll-free at 1-800-661-9807 at their earliest opportunity to receive a repair kit free of charge.

For more information on this recall and other recalls of Ikea products, please visit their website here.  If you or your child has suffered an injury due to an affected IKEA KRITTER junior bed or SNIGLAR junior bed or any other defective IKEA product, please do not hesitate to contact any of our Vancouver personal injury lawyers at Paine Edmonds LLP for a free consultation about your product liability claim.  Visit us at pelawyers.com to learn more or call us at 604.683.1211 to arrange your free consultation.

$110,000 Award for Loss of Earning Capacity for Realtor with Chronic Pain from Car Accident: Jones v. Arjun, 2013 BCSC 1313

By Ivar Lee, Vancouver personal injury lawyer and Partner at Paine Edmonds LLP

Congratulations to associate lawyers Kate Taylor and Jaime Sarophim of Paine Edmonds LLP for a great result at trial.  Full reasons for judgment found here.

In Jones v. Thomas, 2013 BCSC 1313, a very contentious issue at trial was whether Mr. Jones, a realtor with chronic pain resulting from a car accident, was entitled to compensation for loss of earning capacity. Lawyers retained by ICBC on behalf of the at fault driver denied that Mr. Jones was entitled to any compensation for future loss of income.  In disagreeing with ICBC's position and awarding $110,000 for loss of earning capacity, Madam Justice Ballance gave the following reasons:

[218]     To my mind, it is not appropriate to engage the “earnings approach” to assess Mr. Jones’s damages. It is instead preferable to quantify his loss by taking into account the factors that inform the capital asset approach laid out in Brown v. Golaiy (1985), 26 B.C.L.R. (3d) 353 (S.C.), mindful of the fact that his diminished capacity is not permanent and will continue to improve over time and eventually be resolved.  That assessment involves considering factors such as whether he: (i) has been rendered less capable overall of earning income from all types of employment; (ii) is less marketable or attractive as a potential employee; (iii) has lost the ability to take advantage of all job opportunities that might otherwise have been open; and (iv) is less valuable to himself as a person capable of earning income in a competitive labour market.  The evidence establishes that at least three, and probably all four, of these factors have application to Mr. Jones.

[219]     As mentioned, the evidence does not demonstrate that Mr. Jones’s pre-existing low back difficulties or depression impaired his capacity to fulfill his duties as a realtor, or that there is a measurable risk that either or both of those conditions would have caused him a loss in the future, absent the accidents.

[220]     Bearing in mind the applicable legal principles, including the Brown criteria, in light of the evidence, I conclude that in all the circumstances the sum of $110,000 is the present value of a fair and reasonable measure of Mr. Jones’s loss of future earning capacity.

If you have any questions about your ICBC car accident injury claim such as whether you may be entitled to compensation for loss of earning capacity, please do not hesitate to contact any of our Vancouver personal injury lawyers at Paine Edmonds LLP for a free consultation about your ICBC car accident injury claim.  Visit us at pelawyers.com to learn more or call us at 604.683.1211 to arrange your free consultation.