Partner Krista Simon and Associate Alan Truong were counsel in the Supreme Court of BC in Risling v. Riches-Glazema, 2016 BCSC 2424, a trial centered on our client who was injured in a motor vehicle accident.
Ms. Risling is a specialty finishing painter who was rendered partially disabled as a result of the negligence of the defendant, who turned in front of Ms. Risling, and caused the car crash. Krista and Alan achieved a significant result for our client – a total judgement of $622,500.00 plus costs and disbursements.
A large part of the judgement was awarded because, as a result of the injuries caused by the defendant, Ms. Risling has been significantly and irreparably diminished in her ability to work. Money was awarded to replace income she cannot earn because of her injuries. Another large part of the award is for her future care – so that in the future Ms. Risling will be able to afford to pay for treatment that has been recommended and assistance for house chores and yard work that she can no longer perform herself. Ms. Risling was reimbursed her out of pocket expenses, and acknowledging the serious nature of her injuries, the trial judge also awarded compensation for her pain and suffering and loss of enjoyment of life (general damages). Please click here to read the full judgement.
Ms. Risling tried to settle her case to avoid going to trial. Since the trial award was higher than the pre-trial formal offer to settle, Alan returned before the trial judge to seek double costs, which were awarded by Mr. Justice Affleck (reported as Risling v. Riches-Glazema 2017 BCSC 252). Double costs are an extra payment, meant as a penalty, that is awarded by the Court when a pre-trial offer is less than the award at trial.
The judgement was appealed to the Court of Appeal, but the appeal has recently been abandoned.