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Case Studies
Anderson v. Jones, 2003 BCSC 746 Anderson v. Jones - settlement amountBeick v. Webb et al, 2002 BCSC 1251Beick v. Webb et al - settlement amountClaiter v. Rose et al, 2004 BCSC 50Claiter v. Rose et al - settlement amountFarshchian v. Spencer, 2002 BCSC 83Farshchian v. Spencer - settlement amountHadland v. Thompson, 2002 BCSC 380Hadland v. Thompson - settlement amountKenny v. Leveson-Gowen et al, (2005), 2005 BCSC 447 (BCSC)Kenny v. Leveson-Gowen et al - Settlement AmountKlippenstein v. Parmar, 2003 BCSC 1138Klippenstein v. Parmar - settlement amountMosher v. Ferrari and Mosher v. Bitoni, 1998 CarswellBC 197 (BCSC)Mosher v. Ferrari and Mosher v. Bitoni - settlement amountRosvold v. Dunlop (2001) 2001 BCCA 1Rosvold v. Dunlop - settlement amountTombe v. Stefulj, 2002 BSCS 154Tombe v. Stefulj - settlement amountZaruk v. Simpson et al, 2003 BCSC 1748Zaruk v. Simpson et al - settlement amount
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Best Selling Author of the Auto Accident Suvivor`s Guide
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Tombe v. Stefulj, 2002 BSCS 154
On April 16, 1998, the vehicle in which Tombe was driving was rear-ended. The other driver admitted responsibility for the accident.
At the time of the accident, Tombe, 38, had been married for 25 years and was the mother of three children ranging in ages from 11 to 16. Prior to the accident, she had periodic lower back pain, which was coincidental with her monthly cycle but did not affect her ability to do her housework or fulfill her part-time employment of about 20 hours per week as a bookkeeper, filer and errand runner for her husband's at-home graphic design business. For this pain, she periodically attended a chiropractor.
Her husband's involvement in housekeeping tasks was less than sterling at the time of the accident. The primary responsibility for running the house, landscaping and ferrying the children to various activities fell to Tombe. For three months after the accident, Tombe was incapacitated from doing her housework and assisting her husband in his work. For the first nine months, her ability to cook and prepare meals was also limited.
During that three-month period, she suffered daily headaches and a "burning" sensation in her upper neck and shoulders, that on occasion extended down both arms and, less frequently, into her legs.
In May 1998, Tombe's family doctor noted that she had suffered a whiplash-type injury to her neck that resulted in a "slight decrease in motion of the cervical spine - especially with respect to lateral rotation. There is some spasm of the trapezius muscle." Her doctor referred her to physiotherapy and was optimistic in terms of recovery.
By October, she was still complaining of headaches and neck pain.
A rehabilitation assessment noted the following:
"Despite following the advice and instructions for home activities, Ms. Tombe continues to complain that heavier home chores increase her shoulder and neck pain. Although she is able to do the daily lighter activities, she feels that vacuuming, washing floors and scrubbing are too strenuous to complete at this time. She has requested the assistance of a homemaker for a few hours every couple of weeks." By December, her household chores were not as aggravating for her shoulders and neck and the vacuuming and other heavier duties did not provoke her headaches as much as before. She was able to substantially resume her activities over the next 24 months but not without discomfort with occasional flare-ups that she described as lessening in occurrence and severity over time.
The trial was heard Dec. 4, 2001. What did the judge give her , if anything, for her loss of housekeeping capacity?
$0? $12,800? $25,600? |
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