Mussio Goodman is thrilled to share our recent success in Farrugia v. Bailey, 2023 BCSC 81, where the Court awarded over $720,000 to our client who suffered injuries while riding a motorcycle.
The awarded damages included $200,000 in non-pecuniary damages (pain and suffering), $80,000 for past loss of earnings, $250,000 for future loss of earning capacity, and $180,447.66 for costs of future care.
Our client suffered serious orthopedic injuries in the accident to his dominant right wrist and thumb, as well as his right leg and ankle that required him to undergo multiple surgeries.
A contentious matter in the trial was the manner in which our client should be awarded damages for potential future surgeries as well. The expert opinions identified the likelihood of future fusion surgeries in Mr. Farrugia’s wrist and ankle, and Mussio Goodman sought compensation for the periods after surgery when he would require additional cleaning assistance and rehabilitation.
ICBC argued that because our client was already going to be awarded a significant amount by the Court for future cleaning assistance ($45,000) as well as future physiotherapy ($22,000), massage therapy (15,000), and active rehab ($2,880) sessions, any cleaning services or rehabilitation needed after future surgeries were already being provided for. Instead, the Court agreed with our submissions that separate, additional awards be given to our client on the basis that his need for cleaning assistance and rehabilitation in these periods after surgery is bound to be more intensive.
Another contentious issue at trial was whether our should be awarded compensation for future marijuana purchases to help with his recovery even though he was already a regular user before the accident and arguably would have paid for the products even if he did not get injured. ICBC emphasized these points and argued that future purchases would not be because of our client’s injuries but due to his regular usage in any event.
Mussio Goodman argued that, after the Accident, our client forwent other medication in favor of marijuana products specifically because he found them the best remedy for his pain. Again, the Court agreed and made separate, substantial awards for marijuana ($10,000) and CBD oil ($25,000) as part of the costs of future care.
This case is an example of the precise attention to detail and outside-the-box thinking Mussio Goodman employs to open more avenues for compensation and maximize the overall award for our clients. Mussio Goodman takes pride in meticulously examining the particular circumstances and needs of each of our clients and finding creative solutions to persuade the Court to take them seriously and award our clients accordingly.Tweet