$6,000,000.00 Award in Brain Injury Case involving a Negligently Bolted Lamp Post

Reasons for judgment were released on July 19, 2016 in Mackey v. British Columbia, 2016 BCSC 1333 (“Mackey”). The case involved allegations of negligence against the province for damages arising form a negligently maintained lamp post.

In particular, the plaintiff was on a site seeing tour of Victoria in 2007 along with a group of friends when he decided to swing around a lamp post. The lamp post belonged to and was maintained by the province. In the midst of the swing, the lamp post dislodged causing the plaintiff to fall two storeys onto a concrete walkway below.

Mr. Justice Macintosh found the province 35% liable and calculated damages of approximately $6 Million CAD.

The reasons for judgment in Mackey show the importance that expert engineering evidence can play in proving causation in negligence cases.

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