Mike Yawney, senior personal injury litigation partner, and associate Ryan Irving, took this claim to trial. The Plaintiff, Mr. Dunbar, had been injured in a head on collision on Hwy 97 near Salmon Arm, B.C. on July 6, 2011. He was a tradesperson and was on his way to work when the accident occurred. He suffered neck, back and hip injuries as a result of the accident. Due to his stoic nature and the financial needs of his family (he had a wife and child to support), he went back to work shortly after the accident and toughed it out until his back gave out about 14 months later. The medical evidence supported that his back and other problems were caused by the accident, and despite the fact that his income had gone up after the accident, that he was entitled to compensation for past and future income loss due to his injuries. He also recovered damages for pain and suffering, as well as for future care needs and out of pockets expenses.
The defendants took the position that the Plaintiff had recovered from his injuries in the accident and argued that his damages were limited. In a hard fought two week trial, the trial judge awarded a total of $670,000.00 in damages, plus legal costs, to the Plaintiff. The evidence and argument presented by Mr. Yawney and Mr. Irving, including the medical evidence of multiple experts, succeeded in persuading the Court that the Plaintiff was entitled to substantial compensation for the injuries suffered in the accident and for the long term impact it would have on his life.