Shelley Cosma

The plaintiff pedestrian was struck by a left-turning pickup truck while crossing an intersection at night.

The plaintiff suffered a severe traumatic brain injury.

The plaintiff sued the driver, the municipality, and the municipality's electrical contractor, alleging the intersection was in a state of non-repair due to missing streetlights on the median.

The court found the driver 100% liable for failing to ensure the turn could be made safely.

The claims against the municipality and contractor were dismissed, as the intersection had sufficient illumination from other sources and was deemed in a state of repair under the Minimum Maintenance Standards.

Damages of approximately $2 million were awarded against the driver.

The applicant, a wheelchair user, was injured when a bus stopped suddenly.

The insurer terminated attendant care and housekeeping benefits after 104 weeks, finding she did not suffer a catastrophic impairment.

The applicant brought a motion for interim benefits pending arbitration.

The arbitrator found the applicant established a prima facie case that she suffered a total and permanent loss of use of her left arm, meeting the catastrophic impairment definition.

The arbitrator also found urgency and hardship, as the applicant required additional attendant care following her husband's death to avoid moving to a long-term care facility.

Interim attendant care benefits of $1,117.25 per month were awarded, but interim housekeeping benefits were denied.