Personal Injury Lawyer, Graham Temple, wins settlement for injured pedestrian

British Columbia’s highest Court, the BC Court of Appeal, in mid March of this year set aside a trial judgment for long time Cranbrook resident, Lenord Russell relating to injuries suffered as a pedestrian on August 21, 2008.  He was run down while crossing a strip mall parking lot in Cranbrook.

“This was a terrible accident and the British Columbia Court of Appeal in varying the trial judge’s decision was fully justified” said Graham Temple, one of Mr. Russell’s two lawyers.

According to the Court, the Defendant, Mr. Parks, was turning his vehicle around in the parking lot of the Trackside Mall in Cranbrook while doing three shoulder checks for other vehicles.

Mr. Parks 2005 minivan hit Mr. Russell, causing a torn medial meniscus of the right knee and fracture of the left 5th. Testimony at the trial described the impact of the collision upon Mr. Russell, “He rolled off the side of the hood of the vehicle and landed in the empty parking space between the accident and the next vehicle. He was screaming.....he didn’t really say much. He was screaming in pain and holding his knee.”

The original trial was held in Cranbrook in June, 2012 before Mr. Justice Abrioux from Vancouver.

Although Mr. Russell was a pedestrian, Mr. Justice Abrioux found him two-third’s responsible for the accident. The net effect of which was that Mr. Russell received no compensation for his injuries and no money to fund his rehabilitation.

However, the Court of Appeal in an unanimous judgment written by Madam Justice Bennett pronounced March 19, 2014 reversed the trial judge’s ruling against Mr. Russell describing it as “grossly disproportionate”. Madam Justice Bennett in paragraph 19 of her decision, which was concurred by Mr. Justice Frankel and Madam Justice Newbury, found that the Defendant, “Was aware that there were pedestrians in the area, entered the lot from a direction that required him to swing wide to enter a parking stall, changed his mind at the last minute in terms of which stall he would take, shoulder checked numerous times, and ended up driving forward when he was looking backward, striking Mr. Russell.”

“I am just thankful that I will finally have the money to afford the rehabilitation which ICBC previously refused to fund. I used to enjoy hiking and hunting and fishing but I now walk with a bad limp and just haven’t been able to do those things anymore” stated Mr. Russell.

“It is truly unfortunate that Mr. Russell who used to enjoy an active lifestyle is no longer able to do the things he loved after this accident.” said Graham Temple of Creston, one of Russell’s lawyers.

Temple says that is unlikely the case will be taken further as that would require leave of the Supreme Court of Canada.