Partner Krista Simon and Associate Kaitlin Pierce represented our client in the recent trial in Winick v. Goddard, 2020 BCSC 4, where our client was awarded damages arising out of three car accidents. Krista and Kaitlin won an excellent judgement – in excess of $500,000.00. We are very pleased that our client’s individual harms and losses were acknowledged by the court.
Ms. Winick is a brand new teacher, who was rear ended three times while she was a student. As a result, she developed chronic pain, injury to her wrist, stress and low mood, and thoracic outlet syndrome. These injuries greatly impacted Ms. Winick who was a former competitive swimmer, lifeguard and avid skier. Ongoing injuries many years post-accidents also threaten to impact Ms. Winick’s new teaching career, as the evidence showed she struggled through her practicum and had serious concerns about her ability to work on a full time basis in her new career. Medical experts, treatment providers, friends, family members and co-workers testified to assist the court in determining Ms. Winick’s case.
The court’s award is comprised of a number of head’s of damages: general damages (for pain and suffering, loss of enjoyment of life, loss of amenities), past loss of earnings, future loss of opportunity to earn income, future cost of care, loss of housekeeping capacity, and special damages (out of pocket expenses). This acknowledges both past and future harms and losses suffered by Ms. Winick.
Of note, the trial judge was complimentary of counsel’s trial practice, commenting: “I wish to commend counsel on the efficient manner in which this trial was conducted.”
Please click here to read the full judgement.