Abbott v. Gerges, 2014 BCSC 1329

Abbott v. Gerges, 2014 BCSC 1329. As co-counsel for the plaintiff, Almira Esmail represented a 59-year old licensed practical nurse who sustained injuries in a rear-end accident.

Her claim was complicated due to her significant pre-existing health issues as well as a subsequent fall at a grocery store that caused some injuries and had settled out of court. The case dealt with divisibility vs. indivisibility of various injuries, the crumbling skull doctrine, and a failure to mitigate argument. Madam Justice Warren ultimately awarded damages totalling $246,044 plus costs.