Witzer v. Soderlund

Witzer v. Soderlund

The plaintiff was found credible and proved that the 1997 collision caused ongoing neck and headache symptoms that materially impair enjoyment of life and reduce future earning capacity; objective deficits were limited but did not negate the plaintiff's proven subjective disability, and damages were assessed by head on the evidence, resulting in an award of $193,253.88 plus pre-judgement interest and costs.

Citation
2000 BCSC 1199
Parties
Plaintiff: David Witzer; Defendant: Robert W. Soderlund
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
9 August 2000
Procedural Posture
Civil Personal Injury Motor Vehicle / Reasons for Judgment (trial)
Outcome
Judgment for the plaintiff. Damages awarded in the amount of $193,253.88, with pre-judgement interest to be calculated under the Court Order Interest Act and costs awarded to the plaintiff on Scale 3.
Legal Topics
Soft Tissue Injury, Non Pecuniary Damages, Past Income Loss, Future Earning Capacity, Costs of Future Care, Pre Judgement Interest
Source Language
English
Torts Personal Injury Motor Vehicle Law Damages Soft Tissue Injury Non Pecuniary Damages Past Income Loss Future Earning Capacity +2 more

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Parties

David Witzer

Plaintiff

Robert W. Soderlund

Defendant

Procedural Posture

Civil Personal Injury Motor Vehicle / Reasons for Judgment (trial)

Legal Issues

  1. 1 Liability (admitted)
  2. 2 Causation of ongoing symptoms
  3. 3 Assessment of non-pecuniary damages for soft-tissue injury

Ratio Decidendi

The plaintiff was found credible and proved that the 1997 collision caused ongoing neck and headache symptoms that materially impair enjoyment of life and reduce future earning capacity; objective deficits were limited but did not negate the plaintiff's proven subjective disability, and damages were assessed by head on the evidence, resulting in an award of $193,253.88 plus pre-judgement interest and costs.

Court Disposition

Judgment for the plaintiff. Damages awarded in the amount of $193,253.88, with pre-judgement interest to be calculated under the Court Order Interest Act and costs awarded to the plaintiff on Scale 3.

Orders

  • Plaintiff awarded damages totaling $193,253.88 allocated to heads of damage as set out in reasons for judgment
  • Pre-judgement interest to be awarded at the Registrar's rates in accordance with the Court Order Interest Act on appropriate heads of damage