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Cuming, Gillespie & Raymaker are proud to announce that they successfully resolved a claim for a couple who were stuck head on in a collision for the full insurance policy limits of the Defendant driver. In addition to the full insurance policy limits of the Defendant driver, the clients’ own (SEF) Insurer also contributed a very significant sum to resolve the couples’ claims. This case, which was handled by James Cuming, was litigated for a number of years prior to a resolution through the dispute resolution process at the Alberta Court of Queen’s Bench. Our clients were extremely happy with the hard fought resolution of the claim and the maximum level at which it resolved.

Facial Lacerations and Fractured Arm

Weatherall v. Scaba [2008] ABQB 689. The male plaintiff suffered a fractured left forearm and facial lacerations in a high speed collision. The plaintiff also claimed to have suffered from neck injuries and left shoulder injuries both of which required surgery. The court completely dismissed the shoulder and neck injuries and held that they were pre-existing and not aggravated in any way by the Collision. The court awarded $32,000 in general damages.  [E. Wilson]

Unnecessary Surgery, Abdominal Pain and Fatigue

Whitt v. Purkin, 2008 ABQB 6664. The plaintiff brought a medical negligence claim for an unnecessary surgery that left him with abdominal wall pain and fatigue that lasted for 2 years. The plaintiff also battled an infection following the procedure and was left with a scar. The court awarded $42,000 for what it found was 2 years of pain and suffering. The court also awarded 12 years of PJI finding that there was no clear evidence of intentional delay. [C.L. Kenny]

Soft Tissue Injury 18 months

Lawson v. Le, 2008 ABQB 275.  The female plaintiff was in a motor vehicle accident and suffered soft tissue injuries and an alleged Post Traumatic Stress Disorder. The court found the plaintiff was a malinger and not honest. The court rejected the claim for PTSD and found that the plaintiff suffered soft tissue injuries that were “not severe”.  The injury occurred in February 2001 and the plaintiff was noted to be golfing in the spring of 2001 and was able to landscape in the summer of 2001. The court awarded $27,500 for soft tissue injuries that fully recovered within 18 months. [J.B. Veit]

Chronic Pain

Bearchell v. King [2008] CarswellAlta 884. The female plaintiff was struck by a van while crossing the street. She claimed to suffer from chronic neck pain, shoulder pain, upper back pain and lower back pain that lasted over 6 years and was ongoing. The court found that the plaintiff was not credible and at times “faked” her injuries. The court found that the injuries should have resolved within six weeks to six months with some ongoing residual symptoms [Para 127]. The court rejected the claim that the chronic pain condition was caused by the collision. The court awarded $32,000 for the mild to moderate injury noting that the plaintiff was vulnerable and may have had more pain than the average person.

Case Summaries Prepared by
Craig G. Gillespie
Cuming, Gillespie & Raymaker
403-571-0555  cgillespie@cuminggillespie.com