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Waltmans v. Murovec

Case Overview: In the Supreme Court of British Columbia, the case "Waltmans v. Murovec" involved plaintiffs Devon Waltmans and Todd Waltmans against the defendant Owen Murovec. The plaintiffs were injured in a motor vehicle accident where Murovec admitted liability.

Key Points:

  • Accident Details: On November 12, 2018, Devon and Todd Waltmans were rear-ended by Owen Murovec while driving in Kelowna, BC.
  • Injuries: Devon Waltmans suffered from neck, shoulder, and upper back pain, headaches, sleeplessness, anxiety, and other emotional issues. Todd Waltmans experienced ongoing mild intermittent back pain.

Legal Arguments/Issues:

  • Non-Pecuniary Damages: Devon Waltmans was awarded $140,000 for pain and suffering, while Todd Waltmans received $30,000.
  • Loss of Income-Earning Capacity: Devon Waltmans was awarded $40,000 for past loss and $292,146 for future loss of income-earning capacity.
  • Cost of Future Care: Devon Waltmans was awarded $150,746.
  • Special Damages: Devon Waltmans received $1,422.
  • Loss of Housekeeping Capacity: No damages were awarded for loss of housekeeping capacity.

Total Award: Devon Waltmans was awarded a total of $624,314. Todd Waltmans' non-pecuniary damages amounted to $30,000.

Credibility: The court found the testimonies of Devon and Todd Waltmans to be credible and reliable, noting that they provided honest and reasonable admissions regarding their treatment decisions.

Mitigation: The court rejected Owen Murovec's argument that the plaintiffs failed to mitigate their damages, concluding that their treatment decisions were reasonable under the circumstances.

Devon Waltmans
Law Firm / Organization
Einfeld Law
Todd Waltmans
Law Firm / Organization
Einfeld Law
Owen Murovec
Law Firm / Organization
FH&P Lawyers LLP
Supreme Court of British Columbia
M126345
Personal injury law
$ 624,314
Plaintiff