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  • Woman seeking $4.4-million in damages awarded $44,000
        © Thompson’s World Insurance News 2010. No reproduction without written consent.
        A woman seeking up to $4.36m in damages after two auto accidents was awarded $44,000 by a B.C. jury.
        But Megan Dykeman will get a second chance at a higher award after the province’s Appeal Court ordered a retrial.
        Ms. Dykeman runs an equestrian farm in the wealthy Southlands district of Vancouver.
        At trial the jury was told the first accident left her with persistent neck pain and headaches while the second injured her lower back and hip.
        Her lawyer Wesley Mussio argued the pain made it impossible to run the equestrian business she had founded with her husband and ended her ambitions to be a competitive show-jumper.
        Her claim included past and future wage losses in the range of $1.2m to $3.8m.
        A B.C. Supreme Court jury awarded her $15,000 in non pecuniary damages, $4,400 for past income loss, $5,000 for special damages, $20,000 for costs of future care and zero for future income loss.
        At trial Mr. Mussio objected that he had only half an hour to review 124 pages of evidence with his client. But the trial judge ruled the listing of the index fulfilled the requirements of discovery.
        The appeal court disagreed with this.
        More in our February 8, 2010 edition
        
     



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