Wilson et al. v. Russell et al., (1999) 19 B.C.T.C. 209 (SC)

• Judge: Rowan, J.
• Court: Supreme Court of British Columbia (Canada)
• Case Date: August 03, 1999
• Jurisdiction: British Columbia
• Citations: (1999), 19 B.C.T.C. 209 (SC)

Wilson v. Russell (1999), 19 B.C.T.C. 209 (SC)

MLB headnote and full text

Temp. Cite: [1999] B.C.T.C. TBEd. SE.112

Scott MacLean Wilson, an infant by his guardian ad litem, Carol Wendy Wilson, the said Carol Wendy Wilson, Donald MacLean Wilson and Tartan Tree Farms Ltd. (plaintiffs) v. Anthony John Russell, John Webster Russell and Michael Matt Nahirney also known as Michael Nahirney (defendants)

(S021097)

Indexed As: Wilson et al. v. Russell et al.

British Columbia Supreme Court

New Westminster

Rowan, J.

August 3, 1999.

Summary:

In 1993, Scott Wilson, 16, was a passenger in a car driven by Anthony Russell and owned by J.W. Russell. The car crossed the centre line and struck another car driven by Nahirney. The plaintiff suffered severe injuries and endured long periods of hos­pitalization and rehabilitation. To date, he had undergone 17 surgeries. He now suffered significant brain damage, a dramatic facial deformity, poor strength, coordination and balance, impaired vision, a continuous weep­ing eye and a running nose, facial numbness, very poor short term memory, and seizures. It was unlikely he would ever be gainfully employed. Scott and his parents sued the Russells and Nahirney for damages for Scott's personal injuries. The Russell's did not admit liability.

The British Columbia Supreme Court held that Anthony Russell's negligence caused the accident and Scott's injuries. Nahirney was not negligent as he had no time to take evasive action. The court awarded Scott $250,000 for general damages, $19,793.04 for special damages, $72,760 for past wage loss, $1,799,241.60 for loss of capacity to earn income, $958,304 for cost of future care. The court allowed the parents "in-trust" claim for their services performed awarding the mother and father $30,000 and $20,000 respectively. The court awarded Scott and his parents special costs as against the Russells for all matters relating to establish­ing liability where they had refused to admit liability and made no serious challenge at trial to the case against them or to Nahirney's liability.

Damage Awards - Topic 102

Injury and death - Head injuries - Brain damage - See paragraphs 9 to 15 and 19 to 25.

Damage Awards - Topic 105

Injury and death - Head injuries - Skull fracture and closed head injuries - See paragraphs 9 to 15 and 19 to 25.

Damage Awards - Topic 106

Injury and death - Head injuries - Seizures - See paragraphs 9 to 15 and 19 to 25.

Damage Awards - Topic 109

Injury and death - Head injuries - Fracture of facial bones - See paragraphs 9 to 15 and 19 to 25.

Damage Awards - Topic 110

Injury and death - Head injuries - Nose - See paragraphs 9 to 15 and 19 to 25.

Damage Awards - Topic 110.1

Injury and death - Head injuries - Sinus - See paragraphs 9 to 15 and 19 to 25.

Damage Awards - Topic 117

Injury and death - Head injuries - Facial injuries (incl. scarring) - See paragraphs 9 to 15 and 19 to 25.

Damage Awards - Topic 119

Injury and death - Head injuries - Multiple head injuries - See paragraphs 9 to 15 and 19 to 25.

Damage Awards - Topic 120

Injury and death - Head injuries - Result­ing in paralysis - See paragraphs 9 to 15 and 19 to 25.

Damage Awards - Topic 121

Injury and death - Head injuries - Af­fecting sense of balance - See paragraphs 9 to 15 and 19 to 25.

Damage Awards - Topic 227

Injury and death - Eye injuries - Impaired vision - See paragraphs 9 to 15 and 19 to 25.

Damage Awards - Topic 453

Injury and death - Special damage awards - Loss of wages - See paragraphs 29 to 47.

Damage Awards - Topic 461

Injury and death - Special damage awards - Cost of future care - See paragraphs 29 to 32.

Damage Awards - Topic 487

Injury and death - General damage awards - Large awards - General - See paragraphs 9 to 15 and 19 to 25.

Damage Awards - Topic 487.1

Injury and death - General damage awards - Necessary services provided by family members - See paragraphs 29 to 32.

Damage Awards - Topic 492

Injury and death - General damage awards - Loss of earning capacity - See paragraphs 33 to 47.

Practice - Topic 7452

Costs - Solicitor and client costs - Entitle­ment to - Neglect or misconduct - See paragraphs 55 and 56.

Practice - Topic 7453

Costs - Solicitor and client costs - Entitle­ment to - Unduly prolonging proceedings - See paragraphs 55 and 56.

Torts - Topic 408

Negligence - Motor vehicle - Rules of the road - Driving to left of centre - See para­graphs 16 to 18.

Cases Noticed:

Mann v. Maccaig-Ross, [1998] B.C.T.C. Uned. 307 (S.C.), consd. [para. 20].

Sangha v. Dhaliwal, [1998] B.C.T.C. Uned. 160 (S.C.), consd. [para. 20].

Sanderson v. Blyth Theatre Co., [1903] 2 K.B. 533 (C.A.), refd to. [para. 57].

Authors and Works Noticed:

Cooper-Stephenson, Kenneth D., and Saunders, Iwan B., Personal Injury Dam­ages in Canada (2nd Ed. 1996), p. 181 [para. 52].

Counsel:

W.J. Harris and G. Hilliker, for the plain­tiffs;

C.H. Murchison, for the defendants, A.J. Russell and J.W. Russell;

J.C. Moulton, for the defendant, Nahirney.

This action was heard at New Westminster, British Columbia, on April 19-21, 1999, before Rowan, J., of the British Columbia Supreme Court, who filed the following reasons for judgment on August 3, 1999.