In Kam v. Van Keith, the Plaintiff was injured in a very hard rear end impact. Liability was admitted by ICBC’S lawyer. The Plaintiff alleged that she suffered pain in her neck, back, and shoulders, and that the pain was chronic. In addition, the Plaintiff alleged to have suffered from depression, sleep disturbance, and fatigue. The Plaintiff was very active athletically and socially before the accident, however all this changed after the accident, including her family life. The Court heard what a profound impact the accident had on the Plaintiff. Dr. Apel, the physiatrist that testified on behalf of the Plaintiff, concluded that the Plaintiff suffered from chronic regional myofascial pain syndrome, which was not challenged by any of the other experts. The Court was impressed with the Plaintiff’s efforts at mitigation, concluding that she had tried everything possible, but that it was unlikely that she would experience any significant improvemenet in her chronic pain. The trial occurred approximately four years after the accident, with the Court awarding the Plaintiff $125,000.00 for pain and suffering for her chronic regional myofascial pain syndrome.
[3] Prior to the accident, the plaintiff was a committed athlete. She was active in many sports, played an average of two games of soccer a week, plus two practices. She and her husband would go hiking in the wilderness, she rollerbladed on the seawall, she played golf periodically, went swimming, skiing, did pole-dancing, and was described by her husband as being driven, enthusiastic, gung-ho, a practical joker with a large group of friends, and a close family.
[4] Her mother and sister-in-law gave evidence and substantiated the plaintiff’s gregarious personality and physical fitness. She and her mother also took a trip to Scotland, and on another occasion to Nova Scotia. They would also go shopping together.
[5] After the accident, the plaintiff’s life changed profoundly. She has gained approximately 30 pounds, now suffers from low self-esteem, is concerned about her body image, experiences anxiety when driving, car trips are now more difficult as she now has to stop periodically even when going from Kelowna to Kamloops to visit with her stepchildren.
[26] The plaintiff is still relatively young, being born in November 1975. The nature of her injuries are significant and they have subsisted at least in the lower back for four years. The plaintiff has suffered emotionally and her life has been impaired. It has also adversely affected her family, her marital relationship and her social relationships. She is incapable of doing practically all the sporting activities that was a vital and vibrant part of her personality and her relationship with her husband, her family and friends. Although she only took three days off work purely because she is stoic is not a reason to generally penalize the plaintiff.