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

Get the answers from Jill Franklin,
Best Selling Author of the Auto Accident Suvivor`s Guide

Kenny v. Leveson-Gowen et al, (2005), 2005 BCSC 447 (BCSC)

The Plaintiff, Wendy Kenny, alleged that she suffered injuries as a result of a motor vehicle accident that occurred on January 25, 2002.  She was the front seat passenger in a car being driven by her friend and was wearing her seatbelt.  They were the second to last vehicle in a chain of vehicles involved in a rear-end collision.  Liability for the accident was admitted by one of the defendants.

At the time of the impact, Ms. Kenny’s right leg struck the interior of the car and her head hit the headrest.  She testified that immediately following the accident she had soreness in her neck and right leg.  She developed a headache.  Ms. Kenny returned home to Victoria and went to work two days after the accident.  She consulted her doctor later that day.  He prescribed muscle relaxants and anti-inflammatories.  He recommended physiotherapy which Ms. Kenny began on January 30th.  Ms. Kenny continued with physiotherapy for approximately six months.  Following the end of physiotherapy, she engaged in an eight week or twenty one session regimen of active rehabilitation therapy involving exercising on a treadmill and stationary bike as well as lectures on dealing with chronic pain.  Subsequently, Ms. Kenny testified that she did pool exercise on her own and joined a fitness club.

Ms. Kenny missed two days of work shortly after the accident.  She continued to visit her family doctor.  However, there was little evidence of objective injury in the doctor’s notes in late 2003 and into 2004.  Her family doctor diagnosed Ms. Kenny as suffering from chronic pain on the basis of the length of time she continued to complain of her injuries.

In her action, Ms. Kenny sought damages for her pain and suffering, loss of income and for out-of-pocket expenses.  She also alleged that she had suffered a loss of future earning capacity.  She said that if she lost her current employment, she would have reduced employment prospects because her injuries would prevent her from doing work that she otherwise be able to do if weren’t for the accident, such as day care or babysitting.

What did the court award Ms. Kenny?

               Nothing            $15,000           $25,000           $50,000