Case Studies

Anderson v. Jones, 2003 BCSC 746Anderson v. Jones - settlement amountBeick v. Webb et al, 2002 BCSC 1251Beick v. Webb et al - settlement amountClaiter v. Rose et al, 2004 BCSC 50Claiter v. Rose et al - settlement amountFarshchian v. Spencer, 2002 BCSC 83Farshchian v. Spencer - settlement amountHadland v. Thompson, 2002 BCSC 380Hadland v. Thompson - settlement amountKenny v. Leveson-Gowen et al, (2005), 2005 BCSC 447 (BCSC)Kenny v. Leveson-Gowen et al - Settlement AmountKlippenstein v. Parmar, 2003 BCSC 1138Klippenstein v. Parmar - settlement amountMosher v. Ferrari and Mosher v. Bitoni, 1998 CarswellBC 197 (BCSC)Mosher v. Ferrari and Mosher v. Bitoni - settlement amountRosvold v. Dunlop (2001) 2001 BCCA 1Rosvold v. Dunlop - settlement amountTombe v. Stefulj, 2002 BSCS 154Tombe v. Stefulj - settlement amountZaruk v. Simpson et al, 2003 BCSC 1748Zaruk v. Simpson et al - settlement amount

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Mosher v. Ferrari and Mosher v. Bitoni, 1998 CarswellBC 197 (BCSC)

Mr. Mosher was driving his motorcycle towards an intersection in Vancouver. Mr. Ferrari was driving a Ford Explorer towards Mr. Mosher approaching that same intersection. When Mr. Ferrari approached the intersection he turned left in front of Mr. Mosher accelerating into the intersection. Mr. Ferrari then slowed suddenly and he testified it was due to a child crossing the street in front of him. Mr. Mosher then tried to veer left to avoid the Explorer but hit the rear right of the Explorer. Mr. Mosher suffered multiple compound fractures of all three bones in his right leg, as well as, the bones in his right ankle. Mr. Mosher also suffered muscle damaged associated with the broken bones, a lost tooth and other soft tissue injuries.

Mr. Mosher had to undergo surgery to pin his bones back together, a rod was placed in his femur to stabilize it and his ankle was wired so as to stabilize it. Mr. Mosher had to undergo several future surgeries in order to remove the wire and the rod in the femur. The femur was weakened significantly as evidenced when Mr. Mosher re-fractured it in the same place in December 1996 while bumper skiing on Mr. Bitoni’s car. The rod had been removed only a few months earlier. The rod was reinserted into the femur and the doctors recommended it be left in permanently. Mr. Mosher was unable to work for six months as the femur healed this second time.

At trial Mr. Mosher claimed that Mr. Ferrari made a left turn in front of him when it was unsafe to do so. Mr. Ferrari said he was well into the intersection before Mr. Mosher and had established himself in that intersection and that Mr. Mosher had a duty to yield to him.

What did the Judge award Mr. Mosher?