Court Awards Our Client $750,000 After She Rejects ICBC’s $60,000 Offer Before Trial

Posted on by Mussio Goodman

Mussio Goodman is pleased to announce our recent success after a six-day trial in BC Supreme Court. In Montazamipoor v. Park, 2022 BCSC 140 the Court awarded over $750,000 for injuries our client sustained in a July 2018 accident, far exceeding ICBC’s $60,000 offer before trial.

Our client was a 35-year-old mother of two young children, for whom she was the primary caregiver. She was also working part-time in an immigration firm while studying for her real estate license. Regarding her injuries, the Court stated:

[4] There is no issue that the accident caused an injury to Ms. Mansouri’s left neck and shoulder, extending to numbness in her left fingers associated with compression of her ulnar nerve. The cause of the injury and the nerve impingement is myofascial and, while there has been some improvement in her condition, the defendants do not challenge the independent medical evidence that her prognosis for further improvement of these injuries is guarded.

ICBC attempted to play down the impact the injuries have had on our client’s life. They argued that she and her lay witnesses “may have “embellished” the extent of her injuries”. The Court rejected this argument as follows:

[13] I find that Ms. Mansouri did not overstate her injuries; to the contrary, her evidence and the evidence of Dr. Squire establishes that Ms. Mansouri has, from the outset, approached her injuries as temporary ones that can be overcome with exercise and diligence, despite their persistence. She readily described where she has improved and which injuries bothered her less. My overall impression from her testimony is that Ms. Mansouri feels some shame with respect to her post-accident condition, and has worked hard to overcome it.

Furthermore, the Court took issue with ICBC’s reliance on their expert who did not assess our client but merely criticized our own occupational therapist’s opinion:

[53] … I find that I can place only very limited weight on Ms. Branscombe’s opinions. Although she testified that she was not providing her own opinions and merely pointing out potential pitfalls in Mr. Kowalik’s conclusions, those potential pitfalls frequently amount to nothing more than questions about whether Mr. Kowalik took certain factors into account. She acknowledges that Mr. Kowalik may well have considered all of the questions she raised, and that much of her critique amounts to seeking clarity around questions that may well be addressed in the report already.

This case is illustrative of the value of effective experts and provides a good example of the types of unreasonable positions ICBC will take in order limit an injured person’s compensation. The speculative and biased arguments frequently made by ICBC can be overcome with a competent, honest, and fair medical expert. Mussio Goodman is well-versed in dealing with ICBC’s experts, and can ensure that the most effective voices are before the court to present a fair case for any client.