The Clark v. Hebb court decision was released by the British Columbia Supreme Court on June 19, 2007.

V.H. was driving D.C. and two other friends to a social event on the night of August 20, 2002. Suddenly, Ms. H lost control of her Hyundai vehicle and crashed into the cement barrier. D.C., then 29 years old, was sitting in the front passenger seat of the car.

As a result of the accident, he claimed that he suffered severe and disabling injuries, including a brain injury. Mr. C hired a personal injury lawyer and sued Ms. W for damages he suffered from the accident.

 At trial, the Defence position was that at most Mr. C suffered mild to moderate soft tissue injuries (and no brain injury), such that he could have returned to work within eight or nine months of the accident. They introduced video surveillance tapes which showed Mr. C performing a number of physical actions without any restrictions of movement.  

After reviewing the video surveillance and the expert evidence, the court found that Mr. C had exaggerated his symptoms, both with respect to brain injury and with respect to soft tissue injuries. However, the court found that the plaintiff did suffer soft tissue injuries and injury to his knee and jaw and a mild traumatic brain injury in the motor vehicle accident. The court found that the brain injury may have caused symptoms for at most two years after the accident.

Mr. C was successful at trial and was awarded the following damages:

• $75,000 – General Dames (for pain and suffering)
• $28,137 – Past loss of income
• $3450 – Special Damages

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