Following a high-speed rear-end collision that propelled the plaintiff's vehicle into a rollover in a ditch, the court found the plaintiff sustained an mTBI, post-concussion syndrome, dizziness and balance-related impairments, adjustment disorder, and aggravated knee injuries.
The defence theory that the plaintiff fabricated or exaggerated symptoms was rejected, and the court strongly preferred the plaintiff's treating and vocational experts over the defence neuropsychiatric and neuropsychological evidence.
Applying the but for causation test, the court held the collision caused the plaintiff's permanent impairments and rendered him unemployable in the film industry or any competitive employment.
The plaintiff recovered general damages, past and future income loss, future care costs, special damages for treatment at the Mayo Clinic, and the spouse recovered damages under s. 61(2)(d) of the Family Law Act.
