Court Awards $48,000 For Injury To Sacroiliac Joint

In Keenan v Fletcher, the Plaintiff was involved in four motor vehicle accidents, and brought ICBC claims for all four, which were consolidated and heard at the same trial. The Court did not award any damages for the first two accidents, and apportioned the award for pain and suffering between the third and fourth accidents. The Plaintiff was awarded $60,000 for a sacroiliac joint injury that she had endured for three and a half years prior to trial. The amount was reduced to $48,000 after factoring in other issues.

 

[117]      To summarize, I am not satisfied that Ms. Keenan suffered any injuries resulting from MVA #1 or MVA #2. The nature of the accidents, the force of the collisions and Ms. Keenan’s ability to carry on with her work on those days without any difficulty, convinces me that she suffered no injuries from these accidents.

 

[118]      The situation is different with respect to MVA #3 and MVA #4. I accept Ms. Keenan’s description of the pain and discomfort she experienced after each of these two accidents. Her description of her symptoms was, to a great degree, corroborated by the evidence of Mr. Dorish, Susan Keenan and Detective Constable Machesney

 

[119]      The injuries to Ms. Keenan’s neck and shoulder have resolved themselves to a considerable degree. To a lesser extent, the injury to Ms. Keenan’s lower back has also improved. I find that the improvement in Ms. Keenan’s physical condition is directly attributable to her intense drive and will to get better. I also find that it was though this sheer determination that Ms. Keenan has been able to manage and limit the impact of these injuries on her life.

 

[120]       Given the passage of time since the injuries developed and the fact that Ms. Keenan continues to experience low level pain and discomfort in her back on a reasonably regular basis and the occasional episode of intense pain, I am persuaded the injury to Ms. Keenan’s back is the key and principal injury that has resulted from MVA #3 and MVA #4. As I have noted, Ms. Keenan is a determined person and I have no doubt that her strength of character has been and will continue to be one of the reasons why she manages so well in spite of the discomfort she experiences in her back.

 

[121]       In my opinion, the evidence supports the conclusion that Ms. Keenan will most likely experience the occasional severe flare-up of her back pain which will likely have a negative impact upon her ability to perform her police duties, including voluntary overtime….

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