Jennifer Horton

The plaintiff suffered a severe traumatic brain injury in a motor vehicle accident while riding as a passenger in a vehicle driven by the defendant.

Prior to the accident, both the plaintiff and the driver had consumed alcohol at the All Star Tap & Grill House.

The court found the driver 80% liable for the accident due to impaired driving and the commercial host 20% liable for over-serving alcohol and failing to prevent the intoxicated driver from operating a vehicle.

The plaintiff was found 25% contributorily negligent for failing to wear a seatbelt, entering a vehicle with an impaired driver, and encouraging the driver to speed.

The court assessed the plaintiff's damages, including $300,000 for non-pecuniary damages, significant amounts for past and future loss of income, and over $9 million for the cost of future care.

Family Law Act claims were also awarded to the plaintiff's parents and siblings.

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.