Riascos v. Raudales, 2024 BCSC 26
RHE OBTAINS $1,332,706 AWARD FOR 45-YEAR-OLD WOODEN PALLET REPAIRPERSON WITH CHRONIC PAIN AND PSYCHOLOGICAL SYMPTOMS
Michael Elliott and Matthew Burtini were trial counsel for a 45-year-old wooden pallet repairperson who suffered ongoing chronic pain following three motor vehicle accidents.
Prior to the accidents, the plaintiff arrived in Canada in pursuit of economic opportunity. He was able to find work in a physically demanding yet lucrative profession that allowed him to build a life for his family in Canada. He was heavily reliant on his strength and durability. The Court found that his identity as an active, strong, and capable man had been severely compromised by his accident-related injuries.
ICBC defended the case, arguing that the plaintiff failed to mitigate his damages and was not credible. To the contrary, the Court found that the plaintiff was credible and his evidence was corroborated by the medical experts, as well as the plaintiff’s family and co-workers.
The amount awarded by Justice Girn is more than 6x ICBC’s final offer prior to trial. The plaintiff did not want to attend trial. He simply wanted fair compensation commensurate with the gravity of his loss.
The full reasons for judgment can be found here.