Court File and Parties

Court File No.: CV-23-00694025 Date: 2023-07-07 Superior Court of Justice - Ontario

Re: JEROME PIZZORUSSO, a minor plaintiff represented by his litigation guardian MARLENE PIZZORUSSO Plaintiff

AND:

FRANK GARIBOTTI Defendants

Before: Justice Papageorgiou

Counsel: I. Liebner, for the Plaintiff J. Fortner, for the Defendant,

Read: July 5, 2023

Endorsement

Overview

[1] On July 17, 2019 Jerome Pizzorusso, born December 19, 2005 (the “Minor Plaintiff”), was struck by the Defendant’s car as he was crossing the street.

[2] He sued the Defendant driver. The Minor Plaintiff’s mother acted as litigation guardian.

[3] He brings a motion to approve a proposed settlement of this matter pursuant to r. 7 through his litigation guardian.

Decision

[4] For the reasons that follow, I am adjourning the motion on the basis that the materials are deficient for the reasons set out below:

Deficiencies

[5] First, this matter involves a head injury of the Minor Plaintiff. While the litigation guardian indicates that all of his physical and psychological symptoms have improved and are largely resolved, there is no information from a physician confirming that this is the case. There are multiple medical and other reports documenting the injury but these reports go no further than sometime in 2020. Given that the nature of the injury was a hematoma to the right frontoparietal area, the litigation guardian should provide some updated evidence from the Minor Plaintiff’s physician as to any future problems which could arise from this head injury.

[6] Second, the proposed settlement involves an accidents benefits claim. The plaintiff must commence an Application in order to settle this claim.

[7] The motion is adjourned for two weeks pending receipt of this information. If the materials cannot be obtained within this time period, counsel should advise and I will extend the date.

Justice Papageorgiou Date: July 7, 2023