Court Rejects Low Velocity Impact (LVI) Defence, Awarding $64,000.00 in Non-Pecuniary Damages

In Park v. Abd El Malak, the Plaintiff was injured in a motor vehicle accident when he was rear ended, and consequently brought an ICBC claim for damages for pain and suffering, diminished earning capacity, out of pocket expenses, and the costs of future care. Liability was denied by the Defendant, however the Court found the Defendant to be liable. ICBC’S lawyer also argued that it was a low velocity collision, and that any injuries alleged by the Plaintiff were caused by a pre-existing condition. The Court, as it so often does in low velocity impact cases, rejected this line of argument, and eventually awarded the Plaintiff $64,000.00 for the pain and suffering component of his claim.


[73] Counsel for the defendant has submitted that all aspects of Mr. Park’s ongoing back problems are related to his pre-existing disc problems that would have occurred in any event. He also submits that the low velocity of the collision supports that finding.


[74] I do not agree.


[75] The defendant’s submission ignores the overwhelming cumulative effect of the evidence of Dr. Heran, Dr. Craig and Dr. Kim, all of whom have opined that Mr. Park’s injuries were caused by the collision and that his pre-existing back conditions were asymptomatic at the time of the collision and were rendered symptomatic by the collision.

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