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What's New

February 2, 2010

Appeal court upholds $1.9 million in damages for woman injured at crosswalk

The British Columbia Court of Appeal has upheld a jury's decision to award $1.9 million in damages to a woman who was hurt on a crosswalk. Mildred Laurie's car struck Natalia Moskaleva as she was crossing a street with the light on a marked crosswalk. The 53-year-old computer software designer suffered a mild traumatic brain injury as a result of the accident.

The Supreme Court of British Columbia jury awarded the victim $1.35 million for future economic loss, $245,000 for non-pecuniary damages and $300,000 for past loss of income, but only $32,500 for future care costs.

The appellant claimed that the small amount awarded for future care costs showed that the victim was not injured seriously enough to justify the much larger awards for future economic loss, non-pecuniary damages and past loss of income.

The appeal court dismissed this argument because the future care costs were "sufficient" to treat the victim. Moskaleva's medical advisers said there was little more that could be undertaken by way of treatment for her injuries - the treatment regimes going forward that would benefit her were limited. The judge concluded that given these circumstances, the jury award of $32,500 was, in fact, substantial.

You can read this verdict at http://www.canlii.org/en/bc/bcca/doc/2009/2009bcca260/2009bcca260.html.

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