The CLG Injury Law Wins Plaintiff Case in Motor Vehicle Accident
The CLG Injury Law, a leading personal injury law firm in Atlantic Canada, is proud to announce a successful plaintiff MVA case in a recent motor vehicle appeal case.
On July 30, 2020, the New Brunswick Court of Appeal upheld a judge’s decision (McIntyre v. Matthews, 2020 NBCA 52) that issued a verdict of $628,977.58 in favor of a woman injured in a motor vehicle collision in 2011.
The case outcome is a matter of public record and can be viewed at https://www.courtsnb-coursnb.ca/ as Cause No. 74-19-CA. Karen Matthews, a client of the CLG Injury Law, was injured through no fault of her own in a motor vehicle collision on February 1, 2011. The driver at fault for the collision did not admit liability until five years after the action against the Respondent was filed. Ms. Matthews’s injuries included aggravation of her pre-existing chronic pain. The appeal proceeded to trial on May 21, 2020.
“Most individuals in our society have some sort of medical history. As such, most individuals injured in motor vehicle collisions do as well,” explained Jennifer Garagan, partner at Cantini Law, who leads the Halifax office. “It is unfortunate that we often see insurers argue that a person’s medical history means the injured person is entitled to less compensation for injuries caused by a collision. Indeed, that argument was advanced by the Defence in this case.”
After the appeal trial, the trial judge found Ms. Matthews credible and awarded the full amount of her medication expenses incurred as a result of the collision, as well as compensation for her future medical expenses, past pain and mental anguish, future pain and mental anguish, and past loss of income, future loss of income, and future loss of valuable services.
Each of the six grounds of appeal contested by the Plaintiff was dismissed at the Court of Appeal. One of these grounds was the Defendant’s request that the Plaintiff’s damages be further reduced due to her pre-existing chronic pain.
“The trial judge hearing this case carefully considered the differences in the Plaintiff’s ability to work and function at home before and after the accident. The Plaintiff was awarded damages for her loss of abilities and quality of life. We believe this was the appropriate result and that the Court gave the Plaintiff fair consideration. We are pleased that the New Brunswick Court of Appeal upheld the decision of the trial judge,” said Garagan.
For additional information about The CLG Injury Law or schedule a free consultation, please visit www.cantiniinjurylaw.ca.
About CLG Injury Law
Cantini Law is an established personal injury law firm with offices in Moncton, Halifax, Saint John, Fredericton, and Charlottetown. We are focused on representing injured victims. By choice, we only represent those who have been seriously injured — we never represent insurance companies. We are committed to fighting for regular people who have had their lives turned upside down because of an accident. Insurance companies have professionals working on their team. Likewise, so should you.
About Jennifer Garagan
Jennifer Garagan has over 10 years of legal experience and leads the CLG Injury Law Halifax office. Jennifer is a Partner at Cantini Law and practices exclusively in the area of Personal Injury and Insurance Litigation. Jennifer Garagan graduated from Dalhousie University with a Bachelor of Arts (Honours) and a Bachelor of Law degree, and is a member of the New Brunswick and Nova Scotia bars. The focus of Jennifer’s practice is claims arising from motor vehicle accidents, falls, assaults and disputes over insurance coverage and disability policies. Protecting her clients’ legal rights while ensuring that each client is treated fairly and with respect is of vital importance. Jennifer’s clients are able to focus on healing and putting their life back together while Cantini Law manages the insurance and litigation process.
For more information about the Cantini Law Halifax practice, please contact Jennifer Garagan.
Media Contact:
CLG Injury Law
Jennifer Garagan
Purdy’s Wharf Tower One
1959 Upper Water Street, Suite 1301
Halifax, NS B3J 3N2
Toll Free: 1-800-606-2529
902-801-9224
jgaragan@cantini.com
CLG Injury Law
Jennifer Garagan
Purdy’s Wharf Tower One
1959 Upper Water Street, Suite 1301
Halifax, NS B3J 3N2
Toll Free: 1-800-606-2529
902-801-9224
jgaragan@cantini.com
