Johal v. Meyede, 2013 BCSC 2381
Young client suffering soft tissue injuries as a result of rear-end accident receives $795,570 in damages.
Michael Elliott and Cody Wagner were trial counsel for Lisa Johal, a 30 year old hotel front office manager. Ms. Johal was injured when her car was rear ended by the defendant. Prior to the accident, Ms. Johal had experienced minor pain, numbness, and tingling in her right arm. As a result of the accident, Ms. Johal suffered a permanent aggravation of these symptoms as well as new soft tissue injuries to her back as well as headaches. Although Ms. Johal eventually returned and maintained full time employment following the accident, she remained limited in her ability to carry out all of her duties associated with her job position.
RHE argued that Ms. Johal had suffered a permanent partial disability that would affect her ability to work at her current level and negatively impact her career path, including her ability to be promoted to higher paying positions. ICBC defended the case and argued that all of Ms. Johal’s problems were related to her pre-accident symptoms and that she had suffered no loss of ability to work.
The trial judge accepted our argument and awarded Ms. Johal damages including: $85,000 for pain and suffering, $90,000 for future care, $1,300 for past wage loss, $611,000 for loss of capacity to earn income, and $8,270 for out of pocket expenses.