Birthwhistle v. Ames et al, 2011
Jury awards young woman damages for pain and suffering, loss of income earning capacity, income loss, and treatment expenses both past and future.
Jon Harbut and John Rice were trial counsel for the Plaintiff, Crystal Birtwhistle, a young woman who was injured in two violent car crashes, the first of which occurred when she was a young girl in elementary school.
ICBC defended the case and opted for a jury trial. ICBC’s lawyers alleged Crystal intentionally tried to fool the jury and that she was exaggerating her claims. Testifying on Crystal’s behalf included her aunt, co-workers, an elementary school teacher, family doctors, and other pain and vocational experts.
The jury rejected ICBC’s theory of the case and awarded Crystal damages for pain and suffering, loss of income earning capacity, income loss, and treatment expenses both past and future. ICBC appealed the jury award. The case was successfully settled and ICBC abandoned its appeal.