Interesting Cases / Transactions – From Our Personal Injury Group

Paul Mitchell, Q.C. recently settled a very complicated personal injury product liability lawsuit. The lawsuit involved a driveshaft that fell from a large commercial vehicle in northern BC, which impacted an oncoming car, causing the car to veer into the oncoming lane and collide with a truck and trailer. Paul Mitchell acted for the driver and passenger of the car, who were seriously injured.

Mitchell commenced  a lawsuit against the driver of the truck, the truck dealership where the truck was purchased and serviced, the manufacturer of the truck (a US based company), and the manufacturer of the driveshaft component (also a US based company). The case involved numerous complicated engineering issues, including the design and manufacturing of the truck and driveshaft, metallurgical issues, risk management issues, product design issues, product testing issues, and the entire manufacturing process on the floor of both the truck manufacturing facility, and the driveshaft manufacturing facility, both located in the US.

The defense team comprised a total of four lawyers involved in defending the claim, including lawyers from Vancouver, and Victoria. Mitchell was the only lawyer acting for the injured plaintiffs, who reside in northern BC. The case was successfully settled after an all-day multi-party mediation in Vancouver this past fall, attended by a total of 12 people, including the two plaintiffs, the mediator,  five lawyers, and four insurance adjusters.

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