Aarts-Chinyanta v. Binkey/Hayer/Stewart et al


Three Motor Vehicle Accidents Contribute to Chronic Pain: Susan A-C was referred to Nixon Wenger by a friend.  James represented her initially for an accident that occurred in 2012.  While representing her, Susan was unfortunately involved in two other accidents, none of which were her fault.  Susan suffered chronic soft tissue injuries which affected her ability to move and function without pain and to suffer from intense migraines.  ICBC defended the claim of Susan for all three accidents.  They defended a claim in part on the basis that Susan’s claim of pain, migraines and disability far exceeded the injuries she could have suffered in any of these accidents, as none of the accidents were of such a nature as to cause such injury.  In other words, ICBC was saying that the accidents were of such a minimal nature that no one could be so disabled from any of the accidents.  Susan was unable to return to her job as a Walmart employee.  She had difficulty maintaining her home as she did prior to the accidents, and had a difficult time cooking and looking after her children.  James Cotter and Ryan Irving took this matter to a two-week trial in October of 2019.  They retained the foremost chronic pain specialist in British Columbia to assess Susan and to provide expert opinion evidence.  In addition, an occupational therapist was retained, an economist, and a doctor of physical and medicine rehabilitation.  ICBC retained its own experts.  This was a hotly contested trial with many arguments relating to evidentiary issues and expert evidence issues.  However, at the end of the day the trial judge agreed with our position that the culmination of these accidents resulted in significant disability for Susan.  She was awarded over $700,000.00 in damages.  This was a far greater sum than ICBC had ever offered her in the seven years since her first accident in 2012.  Susan was very pleased with the outcome and felt that it justly reflected her loss.

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