Case Studies

Anderson v. Jones, 2003 BCSC 746Anderson 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

Get the answers from Jill Franklin,
Best Selling Author of the Auto Accident Suvivor`s Guide

Mosher v. Ferrari and Mosher v. Bitoni - settlement amount

Total award $143,250

The judge found that Mr. Ferrari had failed to ensure he could make the left turn in safety. This includes looking for pedestrians who are or may be crossing the street prior to making the turn. The fact Mr. Ferrari did not see the child until the last minute does not absolve him of that duty.

The judge awarded the following:

For pain and suffering (non-pecuniary damages): $80,000

The plaintiff had suffered a loss of enjoyment of life for about two years and there was a possibility of a future permanent disability in the right ankle due to an increased chance of arthritis. He received nothing for his December 1996 accident.

Past Income Loss:   $9,750

Mr. Mosher had an intermittent work history and had no career plans. At the time of the accident he worked for Holt Renfrew but did not anticipate staying there too long. The judge said past income loss would not include the six months off work for Mr. Mosher’s recovery from the second femur break.

Loss of Future Earning Capacity:  $50,000

Mr. Mosher claimed his permanent ankle injury precluded him from working at about 70% of jobs open when you consider his grade 12 education. As Mr. Mosher had virtually no pre-accident earnings the judge had to estimate his diminished earning capacity over his life time. Relying on case law, he set that figure at $50,000.

Special Damages:  $3,500

As agreed to by the parties.