On January 6, 2020, Justice Branch of the British Columbia Supreme Court awarded damages in the amount of $492,648 plus special damages to the Plaintiff, Ms. Winick.
The Plaintiff was involved in three motor vehicle accidents and as a result suffered soft tissue injuries to her neck and back with pain radiating into her hip and legs, headaches and thoracic outlet syndrome in one arm. In addition to her physical injuries, her mood was adversely affected.
At the time of the first accident, the Plaintiff was studying to become a teacher and working part-time as a lifeguard. She was unable to return to work as a lifeguard, but did complete her degree and become a teacher. In awarding $225,000 for future loss of earning capacity, the Court held that there was a significant risk the Plaintiff would need to reduce her workload by up to 50% into the future.
In awarding, $110,000 for non-pecuniary damages, the Court found the Plaintiff’s chronic soft tissue injuries and thoracic outlet syndrome rendered her partially disabled, and she was unlikely to see significant improvement into the future.
