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ICBC Blames Officer for getting Run Over by Shoplifter But Judge Disagrees


In this bizarre personal injury case a security guard was run over and injured by a fleeing vehicle after a shoplifter stole a pair of sunglasses. ICBC then tried to blame the security guard for being contributorily negligent.(MacKenzie v. John Doe,2018 BCSC 104)
The security guard approached the shiplifter’s passenger side and opened the door, saying “store security”.  He asked for the stolen sunglasses back.  The individual responded, “fuck you”, and then put the key in the ignition, started the ignition, and immediately started reversing the vehicle into the parking lot.
The claimant suffered injury to his jaw, knee, headaches and various soft tissue injuries. ICBC’s hired gun tried to use the family doctor’s MSP billing code  instead of  the family doctor’s report, where the doctor had examined the claimant and was able to relay all of the symptoms. As the judge point out,

[119] I do not accept Dr. Mehdiratta’s assertion that making a diagnosis based on information received from a treating physician or hospital is anything akin to making a diagnosis based on an MSP billing code.  No doctor should make a diagnosis on the basis of a billing document.

Not surprising, the judge also found the hit and run driver to be 100% at fault for the injury. The shoplifter was well aware of the presence of the security guard. The claimant could not have reasonably foreseen what occurred, that the defendant was flagrant and deliberately reckless, and that the claimant was in no way contributorily negligent for the accident which occurred.
ICBC was ordered to pay over $185,000 in damages summarized as follows:
a) Pain and Suffering: $85,000
b) Past loss of earnings: $911
c) Loss of future earning capacity: $10,000
d) Cost of future care: $88,352
e) Out of pocket expenses: $3,000
Total  $187,263
Posted by Personal Injury Lawyer Mr. Renn A. Holness, B.A. LL.B.
 
 

Tags: contributory negligence, icbc case examples, ICBC Injury claim, liability, MSP Printout, Pain and Suffering

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