The Greaves v. Grace court decision was released by the British Columbia Supreme in New Westminster on November 10, 2008.

On the night of February 13, 2005,  Randy Greaves and his friend and employer Darren Grace were having drinks at the Maple Ridge Pub. They left after two or three hours and were both intoxicated. They climbed into Darren’s GMC pick-up truck and Darren  began driving Randy  home.

Approximately 15 minutes later while on the Lougheed Highway, Darren suddenly veered into right which he later stated was to avoid an accident. He lost control of the truck and his car began to slide across the median and then flipped over on to the driver’s side and into a ditch.

Darren saw that Randy was unconscious and tried to pull him out of the car. Finally with the help of another driver, Randy was pulled out of the passenger side door. Randy regained consciousness after approximately 5 minutes and was taken by ambulance to the Royal Columbian Hospital.

As a result of the accident, Randy’s suffered a concussion, bruising on the low back and right arm, abrasions at the top of the head, and soft tissue injuries to the neck, right shoulder and lower back.

Randy hired a Coquitlam personal injury lawyer and sued Darren for damages arising from the accident.

At the time of trial, Randy claimed he had on-going pain and disability from the soft tissue injuries; numbness and tingling in the arms and hands; migraine type headaches; memory problems; emotional problems; loss of sexual interest; and hot flashes.

Darren admitted responsibility for the accident, but his lawyers argued that Randy was not wearing his seatbelt and had he done so his injuries would have been much reduced. However, the court considered all the evidence and testimony from the trial witnesses and concluded that Randy was wearing his seatbelt before and during the accident.

After reviewing all the medical evidence, the court found that while Randy would improve in the next two years, he would likely be left with residual neck and shoulder symptoms and lower back pain. The court also noted that he suffers from persistent migraines and his mood and enjoyment of life were both diminished.

The court awarded Randy the following damages:

• $42,500 – damages for pain and suffering
• $24,000 – loss of income
• $35,000 – loss of earning capacity
• $450.75 - special damages
• $2500 – Cost of Future Care

Do you have a similar case? We can find you a top car accident lawyer in your area.