Aislynn Brown and Kaitlyn McStravick Victorious After Trial
The Supreme Court of British Columbia recently provided oral reasons in the case of Rich v Hamilton.
Ms. Rich, a client of Preszler Injury Lawyers, suffered injuries to her sacroiliac joint and lower back as a result of a car accident. At the time of the accident, she worked with adults who had developmental disabilities and complex health issues.
ICBC refused to acknowledge the extent of our client’s injuries, in particular the impact they had on her ability to work.
During the trial, ICBC vigorously disputed the credentials of one of our expert witnesses, arguing he had no ability to provide evidence about our client’s ability to work. This challenge resulted in a voir dire, also known as a “trial within a trial.” A special congratulations to counsel, Ms. McStravick for her total victory on the voir dire.
The Court rejected ICBC’s arguments and agreed that our client’s ability to work was adversely impacted by the car accident. The Court also confirmed that our client was a stoic and determined individual who had made best efforts to recover from her injuries.
As a result, our client received a judgment of $457,000 plus double her legal costs to punish ICBC for not accepting our pre-trial offer to settle for $225,000.
Congratulations to trial counsel Aislynn Brown and Kaitlyn McStravick and, most importantly, to our deserving client.