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Multi-million dollar damages awarded for severe traumatic brain injury, including future care and Family Law Act claims.
The plaintiff suffered a severe traumatic brain injury in a motor vehicle accident.
Following a jury trial that apportioned liability between the defendants, this trial assessed the plaintiffs' damages.
The court awarded the primary plaintiff $275,000 in general damages, finding he sustained permanent cognitive and behavioural impairments but achieved moderate functional independence through extensive rehabilitation.
The court also awarded significant damages for future loss of income, future medical and rehabilitation expenses, and attendant care, while deducting collateral benefits received.
Additional awards were made for a 5% management fee and Family Law Act claims for the plaintiff's mother, sister, and daughters, including compensation for the sister's extensive caregiver services.
Motion to strike jury notice partially granted; trial bifurcated with damages tried by judge alone.
The plaintiffs brought a motion at the start of trial to strike the jury notice served by the defendant, arguing the issues surrounding the plaintiff's severe brain injury were too complex for a jury.
The defendant opposed the motion or alternatively sought bifurcation.
The court found the scientific evidence and damages calculations related to the brain injury were unduly complex and better suited for a judge alone.
However, the court determined the liability issues were straightforward enough for a jury.
The motion was allowed in part, and the trial was bifurcated with liability to be tried by a jury and damages by a judge alone.
