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

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Anderson v. Jones, 2003 BCSC 746

Ms. Anderson was the front seat passenger in a pick-up truck that was rear ended at a red light on November 26, 1999.  Liability was admitted by the driver of the other vehicle and the only issue for determination was the extent of Ms. Anderson’s damages.

Ms. Anderson was 21 years old and unemployed at the time of the accident.  Prior to the accident, she was involved in a dirt bike accident in March 1997 in which she suffered a fractured vertebrae.  Following the accident, she was involved in another car accident in March 2000.

The emergency room physician's observations of Ms. Anderson on the day of the accident reads "rear ended at traffic light, passenger, no loss of consciousness, was sideways, and seat belt. Now has low back pain and back of head pain. Pain on deep respiration".   Ms. Anderson returned to the emergency department the following evening. She complained of tenderness over her occipital area, and the muscles of her neck, her upper thoracic spine and shoulders. The attending physician made a note: "review, if not settling or getting worse."

Her first visit with her family physician, Dr. Street, was on December 7, 1999.  He said she was globally limited in her neck movement.  He assessed her low back injury at that time, as a "grade one" injury, which means that she had back symptoms, but no clinical signs. Dr. Street saw Ms. Anderson again on December 24, 1999, and he observed a continuation of the earlier symptoms. He noted continuing headaches, low back pain and pain in the area of the trochanter.   Dr. Steet classified the symptoms as grade one with tenderness, but no point tenderness or limitation of movement.

Ms. Anderson moved from 100 Mile House to Fort McMurray, Alberta between February 2000 and March 2001. Dr. Street next saw her in 100 Mile House on April 11, 2001. She reported sleep disruption due to neck and back pain. Dr. Street was of the view that her symptoms had substantially resolved at that time. He did not feel that any treatment was necessary except for her to follow the course of exercises prescribed by her physiotherapist.  Subsequently, Ms. Anderson had two more visits with her family doctor in 2002.

Ms. Anderson curtailed her normal activities following the accident.  She was afraid to engage in physical activity because it would cause her pain.  For a period of time, she was afraid to drive.  The judge observed that “...she has obviously fallen into an unfortunate self-reinforcing pattern of inactivity which has the result that her symptoms have been prolonged.”

Dr. Street’s prognosis of Ms. Anderson’s injuries from his medical-legal report was as follows:  

"Subsequent evaluation on February 14, 2002, revealed that she still suffered intermittent symptoms of mechanical low back sprain. Again, on September 23, 2002, she described an episode of low back pain that she suffered following a regular leisure activity (skating), even though there was no new injury or misadventure. Her low back pain resolved with use of a short course of anti-inflammatory medication. She was able to work and to carry on her usual recreational activities. On the basis of these office evaluations, I judged that Ms. Anderson had made a substantial recovery from injuries sustained in the motor vehicle accident of November 26, 1999, but that she still suffered some propensity to re-injury of her low back and neck as a result of her injuries.  

 

In regard to prognosis, I believe that Ms. Anderson's soft tissue injuries will not result in any degenerative or progressive disease or disability of her musculoskeletal system in the future. She may, however, suffer periodic minor exacerbations of low back pain or neck pain as a result of the minor strains of daily living, and that there is a likelihood that she will be more vulnerable to such strains as a result of the injuries sustained in the motor vehicle accident. She has not yet received an intensive course of physiotherapy for her low back or neck as would be available in a specialized rehabilitation unit, and accordingly, I would advise that her long-term interests would be well served if she could obtain funding for participation in such a rehabilitative program."

What did the judge award Ms. Anderson for non-pecuniary damages?

$7,500        $12,000       $20,000