In the recently reported case of Perry v. Ismail, 2012 BCSC 123, Mr. Justice Hyslop awarded a plaintiff $42,500 in non-pecuniary damages (pain & suffering) following a four day trial for injuries he sustained in a motor vehicle accident in February 2008.
The accident happened on the Loughheed Highway as the plaintiff pulled out from the curb lane to the left lane heading westbound. The defendant’s vehicle hit the left rear-end of the plaintiff’s vehicle as the plaintiff was accelerating in the left lane. The plaintiff suffered soft tissue injuries to his neck, right shoulder and back. The plaintiff was unable to resume work until July 2008. The plaintiff also suffered from headaches, which were intermittent at the end of April 2008 and which had resolved by early 2009. The court found that the only activity that the plaintiff could no longer engage in at the time of the trial was snowboarding. The court found that the plaintiff did not follow the advice of his family doctor and had failed to take prescribed physiotherapy, massage therapy and a rehabilitation program.
The court awarded a further $6,500 for an exercise program for his back injury, medication and physiotherapy for flare ups of spasms in his back.