The court concluded that prior to the car accident the claimant had a number of “quiescent but present conditions” in his hands and wrists that would likely have become increasingly symptomatic over time even if the accident had never occurred. This included arthritis of the wrist and thumb.
However, the fact that the defendants’ conduct triggered the major onset of symptoms of a previously endurable condition supported a finding of factual causation in this personal injury case. The thumb and wrist pain suffered after the accident resulted from a significant aggravation of previously largely asymptomatic conditions in the claimant’s hands and wrists.(Burke v. Schwetje,2017 BCSC 2098)
The claimant was injured in this motor vehicle collision on Highway 3 near Cawston, British Columbia in the vicinity of Osoyoos, B.C. Both vehicles involved were total losses and fault was admitted by the other driver.
The claimant’s damages were assessed before netting for tax as follows:
|Pain and Suffering award||CAD $95,000.00|
|Past loss of income||USD $42,000.00|
|Future loss of capacity||USD $43,447.00|
|Cost of future care||USD $500.00|