Case Studies

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Klippenstein v. Parmar, 2003 BCSC 1138

On December 2^nd, 1999 Mr. Klippenstein was driving his one ton delivery truck through an intersection in Surrey, when his vehicle was hit by a car driven by Mr. Parmar. Mr. Parmar admitted liability leaving only the assessments of damages for the trial.

Mr. Klippenstein was 49 years of age. He had previously worked as a lineman, and began work as a delivery driver in 1992. While his treating physicians were initially optimistic of a slow but complete recovery, his January 6^th, 2003 report was less hopeful.

At first, Mr. Klippenstein took physiotherapy as recommended by doctors and remained off work. He had a substitute driver do the deliveries required under a contract he had with a building supplier. Mr. Klippenstein was described by medical witnesses as strongly motivated to return to his employment.

In January 2001, Mr. Klippenstein sold his home in Delta and moved his family to Winnipeg, planning to start a delivery business there. In February, a specialist in physical medicine and rehabilitation recommended further physiotherapy and provided electro-acupuncture treatment.

From April 2001 until September 2001, Mr. Klippenstein gradually returned to work as a delivery driver. He later worked on a short term contract as a lineman, which is strenuous work but pays well. He took the lineman job because he was badly in need of income to deal with mounting family debts. In his regular delivery job, he faced continuing difficulty with upper back and neck pain and recurring headaches. Mr. Klippenstein didn’t do his physiotherapy while he was busy working.

The defence challenged Mr. Klippenstein’s assertion that his present complaints are attributable his injury from the collision. The defence also stated he failed to take recommended physiotherapy treatment that likely would have assisted in his recovery.

What did the judge award to Mr. Klippenstein for his years of pain and suffering?