Courts decide that whiplash injury worth $1,190,562.70

http://www.courts.gov.bc.ca/jdb-txt/sc/16/14/2016BCSC1486.htm#_Toc458696781

This case involved a plaintiff that was injured in two separate motor vehicle accidents, in which he’d suffered whiplash type injuries. Complicating factors here included the plaintiff’s pre-existing degenerative changes to his neck. At the time of trial, the plaintiff was 40, but he was in his mid 30s at the time of the motor vehicle accidents in question.

Following these motor vehicle accidents, the plaintiff’s injuries progressed to the point that his hands shook and his legs felt weak. His symptoms were relieved by surgery, but never totally disappeared.

Prior to these motor vehicle accidents, the plaintiff had been an active person who regularly participated in demanding activities, like rock climbing. He did have some pre-existing neck pain, but it was not of a disabling nature. Before these accidents, the plaintiff was also employed as a tax auditor for the Canada Revenue Agency. His job involved a mixed role of office work and visiting the homes and offices of those under audit. His job required some physical activity, such as carrying file boxes. He was also often expected to work in small and awkward spaces provided by those he was auditing.

After the accident, and despite having surgery, the plaintiff was unable to return to his previous hobby activities. He had returned to work but in a limited capacity and part-time capacity.

Of special note in this case was an opinion from a medical expert stating that the plaintiff’s pre-existing neck conditions had pre-exposed him to a worse injury from whiplash in a motor vehicle collision:

 On cross-examination, Dr. Wong agreed that an individual with cervical spondylosis is more susceptible to injury due to whiplash. Whiplash causes hyperflexion and hyperextension of the neck which can disrupt the muscles and ligaments supporting the spinal column. Whiplash can also accelerate degenerative disc disorder by damaging and weakening the outer part of a disc and making it susceptible to herniation and bulge. Nerves can become pinched or irritated as a result.

This case, once again, illustrates the profound effect a whiplash injury can have on a person and the importance of getting proper legal advice.

Has Pokemon Go resulted in injuries affecting you or your loved ones?

Reports of people injured in Pokemon Go incidents, some genuine and some fabricated, are flooding the internet. In a high profile incident, a man in Victoria, Australia crashed into a school:

http://www.huffingtonpost.com.au/2016/07/28/driver-crashes-car-into-school-because-of-pokemon-go/

Local police released the following statement on their Facebook account:

ONIX-CEPTABLE – POKÉMON GO NO NO

Casey Highway Patrol is investigating after a motorist made an unplanned PokéStop late yesterday when he crashed his car into a school in Berwick.

Police have been told the local man was trying to capture a creature from the Pokémon Go application when he appears to have lost control on Ridgemont Drive about 6.50pm.

It is understood the Berwick motorist was travelling north and negotiating a roundabout when he lost control at Flowerfield Close.

He ran off the road through a fence and into a school portable building.

Luckily no one was injured.

The 19-year-old did not level up nor collect any stardust or candies only debris from the crash.

Any PokéBalls, eggs or potions the driver may have had remaining only attracted police leaving the wild Pokémon for another day.

The driver furnished a negative preliminary breath test however it is expected he will be charged on summons in relation to careless driving.

Leading Senior Constable Julie-Anne Newman
Media Officer
51531

Luckily no on was hurt in this incident, but it illustrates the danger of operating a motor vehicle while distracted. Like texting, Pokemon Go diverts a driver’s attention away from the road.

This story out of Pittsburgh illustrates the danger Pokemon Go can be to pedestrians:

http://www.wtae.com/news/teenager-hit-by-car-blames-pokemon-go/40694020

Here a pedestrian, who had become distracted by the game, ventured unsafely across a street and was struck by a motor vehicle.

Science fiction envisioned enhanced reality tools that would provide us with hyper vigilance and increased information about the world around us. The reality of, so far, seems to be differing significantly.