Johnson v. Kitchener, 2012 BCSC 1796
RHE wins 54 year old man suffering from partial disability damages including $85,000 for future loss of income earning capacity.
John Rice and Hector MacDonald were trial counsel for Dean Johnson, a 54 year old truck driver injured in two car accidents. In the first accident Mr. Johnson was rear ended by a flat deck truck. We alleged on Dean’s behalf that he suffered permanent partial disability which would affect him for the rest of his life and impair his ability to work until retirement.
ICBC defended the case and said that the Plaintiff’s neck and back pain from the accidents was short lived, and that any pain or limitation he experience in his neck and back was not caused by the accident but by wear and tear and arthritis.
The trial judge accepted our theory of the case, awarding the Plaintiff $81,000 for pain and suffering, $18,318 for past loss of income, $85,000 for loss of income earning capacity and for pain and suffering.