Bellaisac v. Mara 2015 BCSC 1247
RHE wins $889,650 for client injured labourer involved in a rear-end accident.
Michael Elliott and Cody Wagner were trial counsel for John Bellaisac, a 35-year-old labourer who was injured as a passenger in a rear end accident. Mr. Bellaisac was a recent immigrant from Columbia. Since his arrival in Canada, Mr. Bellaisac worked as a physical labourer in demolition and asbestos removal. As noted by the trial judge, Mr. Bellaisac was “an uncomplicated man who enjoys life’s simple pleasures, including those of hard physical labour.” In the accident, Mr. Bellaisac suffered injury to his back and neck, including pain, numbness and tingling down his legs, as well as headaches and depression. A subsequent MRI revealed a disc protrusion in his lumbar spine at the L5-S1 level. Due to his symptoms, Mr. Bellaisac had difficulty sitting, standing, bending and lifting.
ICBC admitted liability, but argued that the plaintiff had a pre-existing condition that would have shown itself within five to ten years.
The trial judge awarded Mr. Bellaisac $889,650 in damages, including: $140,000 for pain and suffering, $115,000 for past wage loss, $89,200 for cost of future care, and $542,000 for loss of capacity to earn income.