This week, the Honorable Mr. Justice Joyce released his judgement in the matter of Corke v. Andrews et al. 2015 BCSC 118. The case involved what the Defence Team characterized as a “low impact collision”.
Judge Joyce states:
[91] Despite the very low impact forces of the Accident, I am satisfied that Ms. Corke sustained injury to her mid-back and neck as a result. Even Dr. Horlick accepted that Ms. Corke suffered myofascial injury to her cervical and thoracic spine.
[92] Dr. Horlick found little, if any, objective support for the chronic pain described by Ms. Corke and attributed the lack of recovery to general lack of fitness. He noted, in particular, that Ms. Corke’s subjective complaints decreased when she engaged in a physical fitness program. He is of the view that Ms. Corke has not reached maximum recovery and that she will continue to experience further recovery if she continues with regular exercise, particularly core strengthening exercises…
Continue reading case comment regarding low impact settlement.
Perminder Tung
Partner – Motor Vehicle Accidents and Personal Injury Claims
Lindsay Kenney LLP – Langley Law Office