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"Renn A. Holness is a gifted lawyer and author to over 1000 legal blog articles. Married father of two daughters, son of a neurosurgeon and founder of Holness Law Group."

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Volvo Loses Appeal on $4.8 Million Mental Injury Award

  In this personal injury case Volvo was found 100% liable for negligent manufacture, negligent design and failure to warn for a Volvo 780 truck purchased in 2007. The appellants, Volvo Trucks North America Inc. and National Truck Centre Inc. dba Pacific Coast Heavy Truck Group, appealed an order that they pay damages to the…

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Rear Ending Vehicle Not Faulted for Agony of Collision

In this unusual car accident case the claimant was driving west on Marine Way in Burnaby approaching Byrne Road when a vehicle driving east lost control of his car, went over the median and collided with the claimant’s vehicle. Another vehicle was travelling west on Marine Way behind the claimant and rear-ended the claimant’s vehicle. The claims…

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Train Owner Faulted for $2.4 Million Railway Crossing Injury

The injury claimant suffered a spinal cord injury and a traumatic brain injury  when a train owned by the Canadian National Railway, CNR,  struck her car as she crossed the railway tracks on Smith Crescent close to Glover Road in Langley, BC. The judge found CNR failed to maintain adequate sightlines at the Crossing by allowing an overgrowth of…

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Divisibility and Liability in Multiple Car Accident Claims

This Court of Appeal case arose from a three car accident personal injury claim. This case was complicated by numerous tortious and non-tortious incidents which caused or aggravated the chronic mental and physical injuries before and after the car accidents in question.(Khudabux v. McClary,2018 BCCA 234) A review of the trial judge’s reasons can be found at  $75,000 pain and suffering Award for…

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No Mistrial for Withdrawn Violation Ticket Presented to Jury

The personal injury claimant was turning left at a dedicated left-turn lane in order to enter the parking lot of Kensington Square Shopping Centre on East Hastings Street in Burnaby, B.C. and collided with another vehicle travelling eastbound on East Hastings Street (Jones v. Frohlick,2018 BCCA 170). He suffered a displaced fracture of the sternum, and injuries…

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City Failed to use Best Efforts to Fix Hazard Liable for Injury

This was an appeal by the City of Salmon Arm from a finding of negligence for injuries suffered when the claimant tripped over the metal base of a broken traffic sign that was protruding from a sidewalk. The judge concluded the City breached the standard of care in not locating and repairing the sign before the incident. The injury…

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Left Turning Truck 100% at Fault for Hitting Motorcyle

The Court of Appeal has dismissed an appeal finding a  truck driver solely liable for the serious injuries suffered by a motorcyclist totaling $838,430 in losses. The injury claimant was seriously injured when the motorcycle he was riding collided with the front end of the left-turning transport truck (Ranahan v. Iron Horse Enterprises & Logistics Inc.,2018 BCCA…

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Runaway Snowmobile Blamed for Serious Injury

This pedestrian suffered serious injuries when he was struck by a runaway snowmobile. The snowmobile operator had been thrown off the machine and the snowmobile sped one kilometre across open terrain before striking the claimant (Passerin v. Webb,2018 BCSC 289). The snowmobiler was not using the the tether cord which would have automatically shut off…

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ICBC Allowed to Deny and Admit Liability for Same Car Accident

The Court of Appeal has ruled that admitting liability and settling a lawsuit but also denying liability in another lawsuit for the same car accident is not an abuse of process. (Glover v. Leakey,2018 BCCA 56) This case involved a car accident in which two lawsuits were commenced by different occupants. In one lawsuit ICBC admitted their…

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Car Accident Victim Recovers Compensation for only 50% of Losses

This personal injury claimant was found 50% at fault for a car accident. The issue on this court application was whether the claimant should also recover only 50% of his legal costs.(Elima v. Dhaliwal,2018 BCSC 115). This personal injury lawsuit relates to a a motor vehicle accident which occurred at the intersection of Steveston Highway and Coppersmith…

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