Lampkin v. Walls, 2016 BCSC 1003.
David Gomel and Raman Dasanjh from KazLaw have just received Reasons for Judgement in Lampkin v. Walls. The learned Trial Judge awarded $306,844 plus pre-judgment interest and costs—the trial award is nearly 5 times the amount offered by ICBC! This is a resounding “win” for Mr. Lampkin and we are very pleased with the result.
By way of background, Mr. Lampkin is an incredible individual who grew up in the Caribbean and suffered through extreme poverty; he left school in grade 7 to start work, and he came to Canada in his twenties to seek better opportunities for his family. Mr. Lampkin cannot read or write, and since arriving in Canada, he has worked in physically demanding jobs to build a future for his family.
Unfortunately, Mr. Lampkin was involved in a motor vehicle accident that caused chronic neck and back pain that limited his ability to do physical work. He sought treatment from a number of physicians and therapists but his ongoing injuries continue to affect his physical abilities.
ICBC defended the case and attacked Mr. Lampkin’s credibility; however, the learned Trial Judge held that “Mr. Lampkin did not exaggerate his pain in his reports to the doctors” and concluded that she could “rely on the evidence of Mr. Lampkin and the expert witnesses with regard to his injuries, symptoms, and extent of his recovery”. The Trial Judgment found for Mr. Lampkin on every issue and confirmed that his ongoing chronic pain was caused by the motor vehicle accident.
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