Following a 34-day jury trial for a fatal motor vehicle accident, the court determined several post-verdict issues.
The jury awarded damages to a minor plaintiff who sustained a traumatic brain injury and to his half-sister, while finding the co-defendants not liable.
The court declined to amend the jury's $55,000 award for post-secondary studies, finding it was not a mere clerical error.
The court exercised its discretion to award prejudgment interest from the date the insurer had actual knowledge of the claim, despite the lack of formal written notice under the Insurance Act.
A management fee of $30,000 was awarded based on the real and substantial possibility that the minor plaintiff would be found incapable of managing his property upon turning 18.
On costs, the court declined to give weight to the unsuccessful defendant's non-compliant global settlement offer because it failed to allocate amounts among the separately represented plaintiffs.
The unsuccessful defendant was ordered to pay the plaintiffs' partial indemnity costs and the successful defendants' costs up to the date it admitted liability via a Sanderson order.
