Brian Brooke was born and raised in Penticton, British Columbia. Brian’s younger brother practices law in the Okanagan, and his father and an uncle were also lawyers. During the course of his twenties, Brian lived and worked in a number of cities and towns in BC and Alberta. For several years he worked in Banff National Park, and also spent years doing landscaping and commercial fishing. Prior to law school and entering the practice of law, Brian understood the value of hard work and physical labour.
In 2001, Brian joined Murphy Battista while completing his articles. Prior to joining Murphy Battista, Brian had studied law at Robson Hall in Winnipeg and at the University of Victoria Faculty of Law, from which he graduated in June, 2000.
While he was at law school, Brian developed a keen interest in medical malpractice and personal injury, and in particular, cases involving traumatic brain injuries.
Brian has a proven track record of taking on tough files with complex and catastrophic injuries, and bringing them to a successful resolution. These cases have included:
- Pedestrian suffered catastrophic brain injury after being over-served at a bar then struck by a taxi: settlement $5.8 million +.
- Teenaged girl suffered a catastrophic brain injury when leased vehicle she was riding in was involved in a motor vehicle collision. This case proceeded to the Court of Appeal and the Supreme Court of Canada: $8 million +.
- Fatal Accident claim under the Family Compensation Act after married father of two walking along a highway was struck and fatally injured by a fatigued driver who fell asleep behind the wheel: $5 million.
- Mother rendered a quadriplegic after losing control of her vehicle on black ice. Road Maintenance company responsible for maintaining highways sued in negligence: $3.6 million.
- Mother with spinal injury after being injured in a mountain biking terrain park during a mountain biking skills camp put on by a private company. Client admitted having signed a waiver prior to event, but the validity of the waiver was challenged: $2.5 million.
- Veterinarian with knee injuries after collision with transport truck: $2.7 million.
- Single mother and former ICBC Investigator suffered devastating foot injury after head-on collision at highway speeds. Defendant unsuccessfully argued that our client was at fault for the accident: $2.1 million + settlement.
- Married father of four sustained a traumatic brain injury and wrist fractures after a young driver turned across his path while he was cycling: settled for full amount of defendant driver’s insurance coverage of $3 million.
These cases are often difficult, complex and fiercely defended by insurance companies who are trying to minimize the monetary damages paid to the injured person. There are three principal keys to success in successful prosecution of these cases:
- Ensuring that the injured person and their family get access to the best rehabilitative and medical support that is available, and that this is paid for by ICBC or through other insurance funds. First rate rehabilitation is the best possible foundation for good recovery.
- Understanding just what the injured person and their family have lost because of an injury. Sometimes the changes that follow a serious injury are devastating and obvious, and other times they are more subtle. In every case however, the true impact of such an injury can only be fully understood after gathering information from a wide variety of sources, including family members, friends, co-workers, and others.
- Accessing the expertise and services of a wealth of the most qualified medical specialists in North America. Obtaining access to a wide range of potential specialists for the injured client ensures that the medical issues, no matter how complex, are covered carefully and thoroughly for presentation at trial.
Brian has been closely involved in a number of cases which resulted in trial awards or settlements exceeding $5 million dollars. The greatest reward, however, is helping injured people and their families put their lives back together, and ensuring that they have all the resources and assistance possible to help them to do that.
Achievements and Memberships:
- Member of Trial Lawyers Association of British Columbia
- Member of Association of Trial Lawyers of America.
- Neil James MacDonald Memorial Prize for highest standing in criminal law and procedure
- D. A. Thompson, Q.C. Prize for highest standing in torts and compensation systems
- Archie Micay, Q.C. Prize for third highest standing in first year law
- Arvay Finlay award for appellate advocacy for the UBC-UVic appellate moot competition
In addition to the cases referenced in his bio, Brian has acted for plaintiffs in the following:
- Turner v. Dionne, 2017 BSCS 1905; Turner v. Dionne, 2017 BCSC 1924
The plaintiff, who was 19 at the time, was riding as a passenger in a friend's vehicle when that vehicle left the roadway and rolled. She sustained compression fractures to her thoracic vertebrae and a closed head injury. As a result of these injuries, the plaintiff developed a chronic pain condition and was unable to pursue her dreams of becoming a registered nurse. At trial, the defendant was found wholly responsible for the accident. The plaintiff was awarded damages of approximately $1.4 million.
- Rhodes v. City of Surrey, No. 127541 New Westminster (Jury Trial)
The plaintiff alleged that the defendant municipality was negligent in its winter maintenance of the road where the accident that injured the plaintiff had occurred. The plaintiff claimed her injuries disabled her from working and most activities of daily living. While the Jury found the parties shared liability it awarded the plaintiff damages of $3,576,600. The Jury also found the plaintiff had failed to mitigate her damages. Read the Trial Summary.
- Robinson v. Bud's Bar Inc., 2015 BCSC 1767
Brian was co-counsel for the plaintiff who was awarded $790,000 in damages as compensation for suffering a significant brain injury in the aftermath of a bachelor party.