Case Results

Pedestrian Struck by Semi-Trailer Causing Severe Traumatic Brain Injury

Trial Award: $6,500,000+

Christina was struck by a semi-trailer on King George Highway. She sustained a severe traumatic brain injury and has since required significant care and assistance. Christina will never be able to care for her son, who was just 10 years old when she was injured; after the collision, she did not recognize him for nearly a year.

The case itself was fiercely contested. Prior to the accident, Christina was homeless and in trouble with drug dependency. When she was severely injured, the defense assumed – without much evidence – that she was totally responsible for the accident and entitled to no compensation.

Because of Christina’s personal history, every aspect of the case was hard fought and the trial took over 100 days, the longest in BC history for one personal injury plaintiff. And because her benefits insurer refused to provide funding for her needs, she remained in a locked hospital ward throughout the process.

The initial judgment awarded Christina more than $5 million for basic care and found the CN driver largely responsible for her injuries.

We are extremely proud of our courageous advocacy and our ability to help underprivileged brain injury survivors like Christina.

MacEachern v. Rennie judgments:

MacEachern v. Rennie, 2010 BCSC 625 (CanLII) — 2010-05- 04 (multiple decisions)

• MacEachern v. Rennie, 2009 BCSC 1465 (CanLII) — 2009-10-01
• MacEachern v. Rennie, 2009 BCSC 955 (CanLII) — 2009-07-14
• MacEachern v. Rennie, 2009 BCSC 939 (CanLII) — 2009-07-09
• MacEachern v. Rennie, 2009 BCSC 941 (CanLII) — 2009-06-17
• MacEachern v. Rennie, 2009 BCSC 1858 (CanLII) — 2009-05-28
• MacEachern v. Rennie, 2009 BCSC 795 (CanLII) — 2009-05-15
• MacEachern v. Rennie, 2009 BCSC 652 (CanLII) — 2009-05-04
• MacEachern v. Rennie, 2009 BCSC 585 (CanLII) — 2009-04-17
• MacEachern v. Rennie, 2008 BCSC 1064 (CanLII) — 2008-08-06

Vehicle & Driver Struck By Racing Sports Cars

Trial Award: $5,000,000 +

This trial and appeal decision represented one of the highest financial awards paid by ICBC to a brain injury survivor at the time of the judgment. Our client, Ms. Morrison, was an innocent passenger in a vehicle that was struck by one of a pair of racing sports cars. The case was highly contested on the basis that one of the drivers lacked consent to drive the vehicle. Ms. Morrison suffered a severe brain injury. Although Ms. Morrison can appear functional, the court recognized her poor cognitive functioning and more importantly that she was highly disinhibited and prone to very poor decision making and thus required significant supervision. As is typical of TBI survivors with frontal lobe injuries, Ms. Morrison often rejects help. In order to accommodate her severe injury, Webster & Associates arranged for Ms. Morrison to reside in a home purchased for her with “friends & roommates” (paid caregivers) who provide care and facilitate her needs. Brain & Injury Law (Webster & Associates) arranged financing for her care until the case was won.

Ms. Morrison’s injuries permanently disabled her from employment. She was awarded compensation for non-pecuniary damages (for pain and suffering), and damages for past wage loss, future loss of earning capacity, past and future care needs, management fees to assist in managing the fund and tax gross up to offset taxes. Additional damages were awarded because of possible, unexpected future losses. This award for “positive contingencies” is one that Brain & Injury Law has achieved on a number of occasions, being one of only a few law firms to do so. Ultimately the matter settled on appeal for an amount greater than the trial award.

Morrison v. Cormier Vegetation primary decisions:

Supreme Court Decision on Liability

BC Court of Appeal Decision on Liability

BC Supreme Court Judgment on Damages

Pedestrian Struck While Crossing A Road In The European Union

Settlement: $4,000,000+

For pedestrian struck while crossing a road in the European Union.  A young person on a school trip was served underage at a bar and sustained a severe frontal lobe injury that altered his ability to work and live independently.

In this case, Brain & Injury Law (Webster & Associates) worked for many years setting up a local rehab program and managing the UK litigation with local counsel. Our firm has represented many individuals where the injury occurred in B.C. or the client resides in B.C, finding competent counsel across the world to assist in the case, without incurring costs for the injured client.

Single Vehicle Accident Resulting in Severe Traumatic Brain Injury

Trial Award: $4,000,000 +

Ms. Mitchell was tragically rendered quadriplegic in a single vehicle rollover collision while returning from a family wedding. The collision took the life of her already quadriplegic father and another passenger. An inexperienced driver employed to care for Ms. Mitchell’s father was driving the vehicle. The vehicle left the road and rolled due to high speed. Ms. Mitchell was flown to hospital with a fractured spine and suspected brain injury.

Ms. Mitchell had a long and difficult course at the Vancouver General Hospital and at the GF Strong Rehab Centre. She was able to leave the hospital only when Brain & Injury Law (Webster & Associates) arranged for a house to be purchased and a care regime set up for her. Independent financing was arranged until Ms. Mitchell won her case. Although the defense argued vigorously that Ms. Mitchell needed little care, she was provided with a significant award, which after allowable additions amounted to over $4 million plus costs.

Mitchell v. We Care – BC Supreme Court judgment

Single Vehicle Accident Resulting in Severe Traumatic Brain Injury

Trial Award: $4,000,000 +

Ms. Mitchell was tragically rendered quadriplegic in a single vehicle rollover collision while returning from a family wedding. The collision took the life of her already quadriplegic father and another passenger. An inexperienced driver employed to care for Ms. Mitchell’s father was driving the vehicle. The vehicle left the road and rolled due to high speed. Ms. Mitchell was flown to hospital with a fractured spine and suspected brain injury.

Ms. Mitchell had a long and difficult course at the Vancouver General Hospital and at the GF Strong Rehab Centre. She was able to leave the hospital only when Brain & Injury Law (Webster & Associates) arranged for a house to be purchased and a care regime set up for her. Independent financing was arranged until Ms. Mitchell won her case. Although the defense argued vigorously that Ms. Mitchell needed little care, she was provided with a significant award, which after allowable additions amounted to over $4 million plus costs.

Mitchell v. We Care – BC Supreme Court judgment

Passenger In Vehicle That Struck A Cement Barrier

Settlement: $2,900,000

A young adult leaving a restaurant with a new group of friends suffered a severe brain injury with physical consequences when the vehicle in which he was a backseat passenger in a vehicle that struck a cement barrier.

Even though there was no evidence that the driver was impaired, speed or inattention resulted in her being killed and our client received the limits of the insurance policy.

Though a young adult, the client’s parents completely changed their lives devoting themselves to improving their son.  The compensation allowed him to have special accommodation, equipment and care long after his parents were unable to do so.

Passenger Suffered TBI In A Two Vehicle Car Accident

Settlement: $2,500,000

Our client was a young man who was the passenger in a 2 vehicle MVA. The TBI injury resulted in limited loss of initiative, impairments and his vocational and recreational pursuits.

Inattention on a highway north of Kelowna, between Vernon and Salmon Arm, resulted in a significant change in life for a young man and his family.
After he was medi-vac flown to Vancouver and had a significant recovery in GF Strong his life was completely changed. His frontal injury manifested in a very significant loss of initiative such that he could not do many things, he lost the ability to initiate and his rehabilitation required human input to get him started on almost any task.

Brain Injury following heart stopping In Intersection Collision

Settlement: $2,500,000

Severe hypoxic brain injury for a man involved in an intersection collision. A difficult man prior to his injury, the cognitive difficulties exacerbated his previous interpersonal challenges, with marked perseveration (repeating the same things, over and over) lowered cognitive functioning, impaired memory and difficulties with attention and concentration, and emotional lability and impulsivity.

A hypoxic brain injury can occur when the heart or breathing stops. Unfortunately even after only a few minutes without oxygen the brain can sustain irreparable damage.

Head On Collision Resulting in Brain Injury

Trial Award: $1,875,000 +

Brain & Injury Law is proud of its advocacy for Ms. Linda Clost.  Ms. Clost was typical of many survivors of severe brain injuries.  Ms. Clost is a determined and amazing fighter. Her first statement’s to us, even in VGH were; “as soon as I get out of here, I will be better.” She said the same thing at Bradden Private Hospital and GF Strong Rehabilition Centre.

The sentiment, while admirable can have the effect of making it a challenge to administer rehabilitation. When Ms. Clost was finally discharged to her slightly modified home in Gibsons, Ms. Clost’s brain injury impacted her emotions, and her emotional ability made it difficult for her to focus on her rehab at times. Some days were stable; some days were highly emotional. Over time she was more and more able to return to activities, but her fatigue was very significant.

She was most frustrated by the change from being a ‘caregiver’ to becoming someone who needed care.

Ms. Clost had a proud history before the collision. She was a single mother who returned to school while raising her son so she could provide for him. She worked at Sechelt hospital.

The collision occurred as she was driving home from work. A vehicle crossed the centre line and hit her head on. If it were not for an air ambulance being en route, by chance, she likely would not have survived.

Despite the above, the case was hard fought and required a 20 day trial to obtain her fair compensation. The case succeeded because our lawyers spent days interviewing witnesses who could explain the loss and change to the court. Like many TBI survivors Ms. Clost had isolated herself always hoping that “tomorrow would be better.”

The significant award, almost $2 Million allowed her to live and function independently and will enable that to continue.

For further details read the Judgment

Single Vehicle Collision Resulting in Spastic Quadriplegia

Settlement: $2,000,000 +

Ms. R was rendered tragic motor vehicle accident when the driver momentarily lost attention and struck a parked car.  The case succeeded and was allowed even though it was Ms. R’s husband who was driving the vehicle.

Following the collision Ms. R was confined to a wheelchair because of “spastic quadriplegia”.  In other words, because of her brain injury she was unable to control her body.  In addition to her physical injuries, her cognitive capacities were severely impaired.  Despite being confined to a chair she was courageous, disinhibited and caring. Even though she could not take care of herself she often tried to ‘escape’ the hospital because she wanted to take care of her young children.  The case was especially tragic because the driver of the vehicle was Ms. R’s husband, so was handled with specific care. .

It’s important to recognize and accept that motor vehicle collisions the “responsible” party is often a husband, father, son or other close friend or family member.  Bringing a lawsuit to recover what the injured person is entitled to is both necessary and allowed.  It’s not personal and that is exactly why the “responsible” person has insurance.  Yes, they may have “guilt” or even believe that the accident was not their fault, but the legal process is here to allow the injured to access what they need through a determination of legal fault and insurance.

In this case, because of the severe injury and because the husband was the driver the legal case needed Ms. R’s sister to serve as committee (a form of legal guardian) and work with the lawyers to obtain a settlement and allocate the proceeds.  The attached court proceeding was about ICBC’s attempt to access Ms. R’s Social Services file.  While personal injury cases usually require the production of medical and other records, Mr. Corrin fought ICBC’s court application to be the first to review The Ministry file.   Mr. Justice Masuhara agreed stating “I share the same view as the master that the records of the ministry may be both extensive and intrusive”.

If you wish to review this decision about the production of ministry records in BC personal injury actions, please click here.

Teenage Passenger In A Single-Vehicle Motor Vehicle Collision

Settlement: $2,000,000

A teenage passenger was involved in a single-vehicle motor vehicle collision. The vehicle struck a tree and our client received the limits of the policy of insurance in respect of her traumatic brain injury

Female Cyclist Struck By Motor Vehicle

Settlement: $1,600,000

A female cyclist was struck by a motor vehicle. She suffered a severe traumatic brain injury impacting upon all aspects of her life, due to fatigue and cognitive difficulties. The injury resulted in a downward career shift and an alteration of her social and avocational life. She went on to marry, work part-time and have children after the case was resolved.

The significant sum recognized the young woman’s likely loss in lifetime earnings. Before the collision, she was on a path to a significant career with a big company. After, while she managed to return to work, she often reported that she needed 4-5 double espresso’s just to get through a short day and collapsed as soon as she came home. While perhaps admirable the legal process recognized that she did not need to live like that because of a defendant’s negligence.

Contested liability at An Intersection

Settlement: $1,500,000

Our client was struck going through an intersection contrary to the directions of a traffic light. The issue of liability, or who was responsible was very hotly contested, meaning that ICBC said it was all our client’s fault.

The injury was a severe frontal lobe injury. The client came to Webster & Associates for a second opinion when his first lawyer (a senior practitioner at a 100 + lawyer firm) recommended that he accept the defense offer of $100,000.

After significant work, we were able to obtain this settlement 15x what was recommended by his own lawyer!

Passenger In Vehicle Which Struck A Moose

Settlement: $1,500,000

For a passenger in a vehicle which struck a moose. As is typical in these cases there is a significant traumatic brain injury and a facial smash injury which occurs when the animal enters the passenger compartment.

As previously mentioned liability is often difficult to prove and the defence or ICBC take the position that collision could not be avoided.

The brain injury resulted in significant cognitive impairments, memory deficits, and behavioural and emotional difficulties complicated by a facial smash injury causing ophthalmological or eye damage and chronic pain.

Moose Fact: In British Columbia, most moose collisions occur at or after twilight commonly between Prince George and the Alberta border.

Young Woman Hit By Drunk Driver

Settlement: $1,250,000 + (policy limits)

Young woman hit by drunk driver, while walking on side of road. She sustained very severe injury. While she recovered well enough to marry and have children she received the limits of the policy of insurance, which were inadequate.

When driver’s without assets and insufficient insurance are completely at fault for a Collision part of our role at Brain & Injury Law is to help find any possible way of stretching funds and/or finding other avenues to access funds.

Car Accident Resulting in Mild Traumatic Brain Injury (mtbi)

Trial Award: $1,100,000

Pedestrian Injured Crossing Knight Street

Trial Award: $1,100,000

Brain & Injury Law (Webster & Associates) won an important trial victory for a pedestrian injured at an unmarked crosswalk. Our client, who had consumed a significant amount of alcohol prior to the accident, was struck by a speeding car while walking in an unmarked Vancouver crosswalk. He was thrown 24 meters and suffered a severe brain injury. ICBC unsuccessfully defended the driver.

The evidence of independent witnesses and engineers showed clearly that driver had been driving at speeds of as much as 90 kph shortly before the collision. According to the “black box data recorder,” 4 seconds before the collision, the vehicle slowed down to about 68- 70 kph, then to 66-68 three seconds before impact, 62-66 two seconds before impact and 62-64 one second before impact. The vehicle hit Mr. A while travelling at about 52-54 kph. Despite the high speeds and the fact that the driver’s vehicle only had his daytime running lights on, instead if his full headlights, ICBC and the driver attempted to blame the pedestrian for his injuries. They argued that the pedestrian should have seen the speeding car and jumped out of the way in time to avoid the collision. They also argued that his alcohol consumption impaired the Mr. A’s ability to take proper care of his own safety. Justice S. Griffin did not agree.

The court found the vehicle driver 100% responsible for the collision and Mr. A’s injuries. She found that the driver was simply not paying the proper attention he should have been paying under the circumstances. While Mr. A had consumed significant quantities of alcohol prior to being struck, Justice Griffin found no evidence to show that his alcohol use had affected his ability to pay proper attention to the approaching traffic or that alcohol had contributed to his injuries.

This case also points to the valuable role that “black box” or crash data can play in a trial. This data was only obtained by Brain & Injury Law (Webster & Associates) through persistence in the discovery process.

Back Seat Passenger In Single Vehicle Accident

Settlement: $1,100,000

This back seat passenger in a single vehicle collision was ultimately able to obtain the limits of the insurance policy.  The vehicle lost control going around a curve in the road in the Fraser Valley.

Front Seat Passenger In Vehicle Which Hit Pole

Settlement: $1,000,000

For a young woman who was the front seat passenger.  She was not wearing a seatbelt and struck her head on the window and sustained a severe brain injury. Despite this, she received the limits of the policy of insurance, which were inadequate.

Passenger Suffered A TBI When A Vehicle Left The Roadway

Settlement: $1,000,000 (policy limits)

A passenger suffered a TBI when a vehicle left the roadway.  Whether belted or not, when a vehicle leaves the roadway it can have tremendous consequences on the individuals in the vehicle.

Pedestrian Struck By Car

Settlement: $1,000,000 (policy limits)

Pedestrian out for a walk, struck by a car, resulting in TBI and orthopedic injuries.  The ‘typical’ pattern of physical injuries for a pedestrian is a broken tibia/fibia and a TBI which tend to occur when a vehicle hits a pedestrian.  There is almost no ‘typical’ way in which a survivor’s life is changed, except that it is usually very significant.

Pedestrian Struck As A Result Of A Two Car Collision

Settlement: $800,000

Older pedestrian struck when two cars collided at a suburban intersection and the collision caused one vehicle to go off the road. Our client had a significant TBI. Though he had been working, he had not declared most of his income but was still able to obtain a significant settlement.

Passenger In Vehicle Which Struck A Street Pole

Settlement: $750,000

Our client sustained a mild brain injury when she was in a vehicle which struck a street pole. She was delayed in finishing high school.

Passenger In Vehicle Crash Resulting in STBI

Settlement: $750,000 + (Policy Limits)

For a talented young man suffering a severe brain injury as the passenger of a vehicle. The damage to his brain resulted in both physical and cognitive deficits that will remain. He received the limits of insurance policy, which were unfortunately low and inadequate

Teenager Struck By A Vehicle While Off-Roading on a 4 Wheel ATV

Settlement: $700,000

Teenager struck by a vehicle while off-roading on a 4 wheel ATV. Severe TBI with behavioural and focus difficulties. Like many TBI survivors, she had issues with PTSD and depression. Post-settlement, the client continued to struggle but attended college on a part-time basis.

Hit & Run – Person Hit By An Unidentified Driver

Settlement: $650,000 +

TBI for a person hit by an unidentified driver – hit & run, our client had both a brain injury and bodily injuries.  Whether the Collision caused a chronic pain condition that had cognitive consequences or a TBI with cognitive consequences was not certain, but the functional consequence was significant.

Car Accident Resulting in Spinal Fracture

Settlement: $500,000 +

For a young man who had a spinal fracture without spinal cord injury. ICBC accused him of faking the injury and consequences.

Head On Collision Resulting in STBI

Settlement: $500,000 +

Head on Highway collision, severe TBI requiring lifelong care. Liability hotly contested as our client could not testify and the collision occurred in the oncoming opposite lane.

Elderly Pedestrian Struck By Bus

Settlement: $500,000 +

An elderly pedestrian struck by a bus, allegedly running across in mid-block. Through investigation, Brain & Injury Law was able to find witnesses who contradicted the driver’s evidence, which was not the only story. As a result, they were able to achieve a settlement that allowed our client to stay in the family home.

Young Woman In Head-On Collision

Settlement: $450,000

Talented young woman hit head on. The forces killed the other vehicle’s occupant. Chronic pain, depression and TBI. After many years of therapy post-incident, the client was able to return to work.

Medical Malpractice & Professional Negligence

$3,000,000 +

Brain Injury Law achieved an important result for a severely brain injured individual and his family. The plaintiff was awarded approximately $3 Million dollars in a case against Providence Health and St. Paul’s Hospital.

In a tragic circumstance Mr. P, following a fight with his girlfriend became very upset, impaired, checked into a downtown hotel and threatened suicide. His wife called the police who attended and took him to the hospital.

He was admitted and involuntarily committed because of the risk that he might harm himself. He was placed in a special ward for that purpose.
Unfortunately, according to the judgment, the nursing staff at St. Paul’s hospital failed to keep the appropriate watch on Mr. P. He went into a washroom on his own a number of times. On the last occasion locked himself in the washroom and was able to hang himself with a hospital gown.

By the time they removed him Mr. P had sustained an anoxic brain injury, a very significant injury. Mr. P remained in hospital for months.  He required care with all aspects of daily living, and his mother spent significant time at the hospital. Unfortunately, Mr. P was never able to return home.

When Mr. P was finally discharged he had to move into a residential care facility. Though Mr. P was ultimately able to live “semi-independently” he will always need very significant support and the award will allow him to remain living in the community, with support.

The case is currently under appeal.  Read the judgments here:

BC Supreme Court judgment 1695

BC Supreme Court judgment 2257

BC Supreme Court judgment 2494

BC Supreme Court judgment 1008

BC Supreme Court judgment 1007

Medical Malpractice & Professional Negligence

$5,000,000

Our client, Mr. K, sustained serious injuries, including a brain injury and TB meningitis when doctors failed to note and diagnose his medical condition in time for treatment. Although tests and images were taken well in advance, as a result of early symptoms, action was not taken by the medical staff. The severely injured plaintiff was unable to explain why he did not follow-up when he didn’t get his test results. The Supreme Court of BC awarded 70% of the liability against the medical defendants, amounting to a damages award of approximately $5 million.

While to some, this may appear to be a ‘windfall’ (as it seemed to be when reported on the front page of the Vancouver Sun), those in the field of brain injury recognize the tremendous cost to care for those with significant injuries and care needs.

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Read Judgment

Shaken Baby & Negligence of Daycare

$3,000,000

Our firm had the privilege of representing a young girl who was allegedly shaken as a baby while under the care of her daycare provider. The case proceeded to the Supreme Court of Canada on the issue of whether the police could obtain copies of the discovery evidence of the defendant for use in furthering a criminal prosecution. The case against Suzette McKenzie and Wee Watch Daycare resolved with a settlement after seven days of evidence before the Court. The terms of the settlement are not to be disclosed pursuant to an agreement.

Juman v. Doucette judgments:

Supreme Court of Canada judgment

BC Court of Appeal judgment

BC Supreme Court judgment