Rizzolo v. Brett, 2009 BCSC 732 affirmed on appeal 2010 BCCA 398.

Mr. Rizzolo was 41 years old and suffered a fractured tibia and fibula when his motorcycle was struck by a left turning vehicle. Mr. Rizzolo required two surgeries for his injuries and had chronic pain in his leg that limited his ability to work long hours in 3 jobs and participate in activities with his son.

 

ICBC alleged that Mr. Rizzolo was at fault for the accident and suggested that he drove through a red light. This was a puzzling argument because the 84 year old defendant was ticketed for the accident and agreed that she made the left turn on a green light and that she simply failed to check for the oncoming traffic.

 

ICBC offered $0 before trial and the trial judge awarded $562,103 for Mr. Rizzolo’s injuries. The trial award included $125,000 for pain and suffering, $250,000 for future wage loss, and $106,000 for future cost of care.

 

The trial award was affirmed by the Court of Appeal in a unanimous decision and this is the highest award for a fractured tibia/fibula in British Columbia.