Trial Success: Our lawyers Nathanial Hartney and Tyler Dennis recently reasons for judgment for Dale v. Vickers, 2019 BCSC 821 handed down by Madam Justice Fleming. This was a complex case involving a young legal assistant that was injured in three separate motor vehicle accidents, the first occurring May 8, 2013. Prior to speaking with a lawyer, the two year limitation period lapsed for Ms. Dale to bring an injury claim arising out of the injuries from that accident. There’s no duty in for an insurer to warn a plaintiff that their claim is about to expire. Ms. Dale’s injury claim for her May 8, 2013 was summarily dismissed.
The remaining two actions were prosecuted through trial, where Fleming J. assessed the claims globally and then made deductions for Ms. Dale’s ongoing indivisible injuries arising out of her May 8, 2013 accident.
Despite the court’s findings that she would be able to continue working fulltime, Ms. Dale was awarded substantial damages for future losses to her earning capacity, future care, pain and suffering, and special damages.