Nemoto v. Phagura

Nemoto v. Phagura

Award of $25,000 non-pecuniary damages to the infant plaintiff and $2,023.75 special damages to the mother as litigation guardian based on findings of significant pain and limitation through end of 2008, intermittent symptoms for about one additional year, full physical recovery within two years, severe anxiety...

Source-derived case information.

Citation
2012 BCSC 1809
Parties
Plaintiff (infant): Rui Nemoto; Plaintiff (mother and Litigation Guardian): Sanae Nemoto; Defendant: Paramjit S. Phagura; Defendant: Wells Fargo Equipment Finance Company / Societe de Financement D'Equipement Wells Fargo; Defendant: BBD Trucking & Excavating Ltd.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
3 December 2012
Procedural Posture
Motor Vehicle Personal Injury (tort) / Trial — Reasons for Judgment (judgment Delivered)
Outcome
Judgment for plaintiffs: non-pecuniary damages $25,000 to Rui Nemoto; special damages $2,023.75 to Sanae Nemoto as litigation guardian; costs to plaintiffs.
Legal Topics
Non Pecuniary Damages, Soft Tissue Injury, Psychological Injury (anxiety), Assessment of Damages for a Minor, Special Damages
Source Language
english
Personal Injury Tort Motor Vehicle Accidents Damages Non Pecuniary Damages Soft Tissue Injury Psychological Injury (anxiety) Assessment of Damages for a Minor +1 more

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Parties

Rui Nemoto

Plaintiff (infant)

Sanae Nemoto

Plaintiff (mother and Litigation Guardian)

Paramjit S. Phagura

Defendant

Wells Fargo Equipment Finance Company / Societe de Financement D'Equipement Wells Fargo

Defendant

BBD Trucking & Excavating Ltd.

Defendant

Procedural Posture

Motor Vehicle Personal Injury (tort) / Trial — Reasons for Judgment (judgment Delivered)

Legal Issues

  1. 1 Assessment and quantum of non-pecuniary damages
  2. 2 Causation and duration of physical and psychological injuries
  3. 3 Entitlement to special damages

Ratio Decidendi

Award of $25,000 non-pecuniary damages to the infant plaintiff and $2,023.75 special damages to the mother as litigation guardian based on findings of significant pain and limitation through end of 2008, intermittent symptoms for about one additional year, full physical recovery within two years, severe anxiety affecting travel and driving for about two years but not likely long-term, and no need for future care.

Court Disposition

Judgment for plaintiffs: non-pecuniary damages $25,000 to Rui Nemoto; special damages $2,023.75 to Sanae Nemoto as litigation guardian; costs to plaintiffs.

Orders

  • Non-pecuniary damages awarded to Rui Nemoto in the amount of CAD 25,000
  • Special damages awarded to Sanae Nemoto as litigation guardian in the amount of CAD 2,023.75