Tri-Cities Lawyers: Mussio Goodman wins big at Trial
Thomas O’Mahony and Aron Chitsaz of Mussio Goodman recently conducted a trial successfully earning a large award for their client.
In Gill v Borutski, 2021 BCSC 554, the female plaintiff was injured in a motor vehicle accident in Kamloops. She was 47 years-old at trial. The injured claimant (plaintiff) suffered severe injuries including, but not limited to, psychiatrics disorders. Before the accident, she worked full-time as a Dental Receptionist. Due to the accident, she was disabled from work; she had not returned to her employment at trial, which occurred four years after the accident. Despite the Trial Judge finding issues on the injured claimant’s credibility, Justice Gomery ultimately believed the plaintiff was severely injured because of the collision. ICBC attempted to argue that she failed to mitigate her damages, but this was immediately and rightfully rejected by the judge. In sum, the plaintiff was awarded $140,000 for pain and suffering; $133,000 for past wage loss; and $282,500 for loss of future earning capacity. In addition, Mr. Mahony and Mr. Chitsaz successfully argued that the plaintiff was entitled to awards for her inability to preform housework or domestic duties which resulted in another $100,000 award (broken down into a remarkable award of $80,000 for loss of housekeeping and $20,000 in-trust).
This was but another example of a case that ought to have settled but was pushed by ICBC to trial. ICBC’s current policy is akin to the infamous Oprah meme where simply every injured person gets a trial (see below).
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