Our Results

Tepei v. Uniroyal

In October of 1996, seven members of a Port Coquitlam family were injured in a single-car collision when their vehicle suffered a tire blowout near Chehalis, Washington on Interstate 5. The Tepei vehicle flipped over the concrete median of the highway and landed upside down in the southbound lanes of traffic. Four members of the family were ejected and suffered serious injuries which will affect them for the rest of their lives.

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Factors:

Defective product and negligence claims arising from catastrophic injuries to five BC residents injured in Washington State.

Result:

$12.4 million jury verdict.


Kwan v. Lagerwey, et. al

In May of 2004, Mr. Kwan and three other members of his family were seriously injured when their vehicle was struck from behind while stopped at a U.S. Customs outbound checkpoint only meters south of the U.S.-Canada border near Blaine, Washington. Mr. Kwan sustained injury to his brain and spinal cord along with multiple fractures. After a week in a coma, he awoke to learn that he sustained permanent partial paralysis as a result of the collision.

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Factors:

Washington alcohol over-service, negligent driving and negligent entrustment claims against hazardous products distributor for collision which severely injured BC resident.

Result:

$5M policy limits settlement.


Brooks/Ishikawa v. Cytodyne/Campagna

In May of 1998, two young women were killed and six other people injured in a fiery collision near the Canadian Customs checkpoint at the Peace Arch border crossing. The at-fault driver, who was speeding in excess of 160 kph when she struck a line of cars waiting to clear customs, attributed her reckless driving to a psychotic episode brought on by her use of an ephedra-based diet supplement she had purchased in the United States.

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Factors:

US defective products claims for injury occurring in Canada.

Result:

Confidential settlement under US law.


Lee v. Farmers Insurance

Lee v. Farmers Insurance, which Cross Border Law settled for $1.2M, was a claim dual-filed as both a third party tort claim in Washington pursuant to the Insurance Fair Conduct Act ('IFCA') and an underinsurance (UMP) claim filed in British Columbia. Lee was a passenger in a Washington-insured vehicle travelling in British Columbia when that vehicle lost control in icy conditions and plummeted down an embankment. Lee suffered disabling injuries including traumatic brain injury. The driver carried third party tort liability insurance of $100,000 with Farmers Insurance of Washington, and had no other assets. Lee carried underinsurance of $100,000 with American Family, and also had PIP coverage of $10,000 for medical expenses.

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Factors:

Insurance bad faith arising from failure to reasonably settle injury claim.

Result:

$1.2M settlement.


The Hat Case - Only in America

One other case, which always bears retelling, is that of Mr. Samuels' very first client, Barbara Hughes, a widow who sued a funeral home for stealing a hat. When Mr. Hughes died, his wife gave explicit instructions that he was to be buried in the clothes he was married in: western boots, belt, buckle and hat, and he was dressed that way during the open-casket ceremony. Unfortunately, the hat (which had to be cut in the back to make it fit) didn't quite make it to the grave. Mrs. Hughes was shocked to see someone else wearing it after the funeral.

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Factors:

Hat stolen from casket.

Result:

Jury verdict for $101,449.50.


Other Notable Results

  • $4.9 million jury verdict for Canadian teenager who suffered traumatic brain injury resulting in schizophrenia.
  • Confidential settlement for six Canadian victims of a multi-car pileup collision in Washington.
  • $2.05 million jury verdict for partial loss of use of dominant arm for 11 year old boy.
  • $2 million jury verdict for serious orthopaedic injuries suffered by Canadian teenager in rollover/ejection type collision.
  • $1.45 million jury verdict for mild traumatic brain injury suffered by 15 year old Vancouver student.

Notable UMP Settlements and Arbitration Awards

  • B.T. v. ICBC $708,000 settlement
  • A.T. v. ICBC $642,000 settlement
  • A.T. v. ICBC $610,000 award
  • D.T. v. ICBC $568,000 settlement
  • C.S. v. ICBC $230,000 settlement (plus $240,000 tort)
  • J.Z. v. ICBC $145,000 settlement (plus $15,000 tort)
  • M.R. v. ICBC $109,000 settlement
  • D.T. v. ICBC $95,000 award
  • A.T. v. ICBC $60,000 settlement (plus $25,000 tort)
  • M.L. v. ICBC $26,500 settlement (plus $50,000 tort)
  • C.C. v. ICBC $57,000 award
  • G.G. v. ICBC $130,000 settlement

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