The appellant appealed a jury verdict assessing her general damages at $35,000 and future loss of income at zero following a rear-end motor vehicle collision.
The appellant argued that questions posed by the jury during deliberations showed they considered irrelevant matters, and sought a new trial or reassessment of damages.
The Divisional Court dismissed the appeal, finding that the trial judge's recharge cured any potential issues with the jury's questions, and that the jury's verdict on damages was not so unreasonable and unjust as to warrant appellate intervention.