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Somers v MacLellan
The case of Somers v MacLellan, dated August 21, 2023, was centered around a motor vehicle accident that had taken place involving the plaintiff, Cody Somers, and the defendant, Richard MacLellan. During their journey, they were traveling in a Ford F250 crew cab truck owned by the defendant, Marilyn MacLellan. The road they were on was a two-lane paved route that curved eastward after leaving Fort St. John. The Ford had crossed into the opposite lane, rolled over, and come to a stop upright in a ditch parallel to the road. In the aftermath, Cody Somers was discovered lying in the ditch, having sustained serious injuries. Meanwhile, Richard MacLellan managed to crawl out of the vehicle to seek assistance. Unfortunately, Mr. Somers suffered extensive spinal cord damage that led to paraplegia, whereas Mr. MacLellan escaped with minor injuries. Concerning liability, Mr. Somers was found partially negligent due to his failure to wear a seatbelt. The court assigned 75% of the liability to the defendants and 25% to Mr. Somers. Following a comprehensive evaluation of multiple factors, the plaintiff, Mr. Somers, was granted a total of $6,107,691 in damages. This encompassed non-pecuniary losses, past and anticipated future loss of earning capacity, expenses related to future care, special damages, and claims on behalf of family members. It is noteworthy that the pursuit of punitive damages against Mr. MacLellan was abandoned during the course of the proceedings.
Cody Eugene Somers
Law Firm / Organization
Not specified
Richard MacLellan
Law Firm / Organization
Not specified
Marilyn MacLellan
Law Firm / Organization
Not specified
Supreme Court of British Columbia
M196934
Personal injury law
$ 6,107,691
Plaintiff