Court File and Parties
COURT FILE NO.: CV-23-00694025 DATE: 20231031
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: Ilan Liebner for the Plaintiff Jacqueline Fortner, for the Defendant
READ: July 5, 2023
ENDORSEMENT
Overview
1On 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.
2He sued the Defendant driver. The Minor Plaintiff’s mother acted as litigation guardian.
3He brings a motion to approve a proposed settlement of this matter pursuant to r. 7 through his litigation guardian.
Decision
4For the reasons that follow, I am approving the settlement as well as counsel fees.
Analysis
5As a result of the accident, the Minor Plaintiff sustained injuries including a hematoma to the right fronto-parietal area, a right flank bruising abrasion to his abdomen, and an abrasion to his right knee. A CT scan of his abdomen was normal and showed that he did not suffer any skull fracture or intracranial hemorrhage. The Sick Kids physician who examined him discharged him on the day he attended at the hospital, and directed his family to monitor his head injury for four to six hours.
6The Minor Plaintiff attended physiotherapy for a cervical lumbar sprain and other muscle strains from September 28, 2019 until June 2020.
7In December 2019, the Minor Plaintiff began experiencing psychological symptoms which his physician indicated was related to the accident. However, his psychological symptoms quickly resolved and he did not require any treatment.
8The Minor Plaintiff has not required any treatment since January 2020 and all of his physical and psychological symptoms have improved and are largely resolved.
9His insurer determined that his injuries were non-catastrophic.
10Counsel for the Minor Plaintiff advise that they had multiple conversations with the Minor Plaintiff’s litigation guardian about possible long-term risks for the Minor Plaintiff as well as the complexities of cases involving head injuries, liability for symptoms as well as the risks and costs of litigation. They entered into a Contingency Fee Retainer Agreement and counsel has paid all disbursements.
11On April 4, 2023, this claim was settled for $20,000. Of this amount, $11,503.01 will be paid into court to the Minor Plaintiff’s credit until he reaches the age of majority, $6,150.36 will be paid to his lawyer in respect of fees, $799.55 will be paid to his lawyer in respect of HST and $1,547.08 will be paid to his lawyer for disbursements.
12Counsel believes that the settlements represent a fair and reasonable settlement of his claims.
13I issued an initial endorsement on July 7, 2023 requesting up to date medical information since this matter involved a head injury of minor.
14The Minor Plaintiff then attended at Mount Dennis Weston Health Centre on July 19, 2023 where Dr. Nikolaos Katsieris performed a neurological and musculoskeletal examination of his cranial upper and lower limbs. Dr. Katsieris detected no abnormalities and concluded that the Minor Plaintiff had recovered from the motor vehicle accident.
15The Minor Plaintiff’s litigation guardian and mother supports the settlement and believes that it is in his best interests. She indicates that the Minor Plaintiff’s injuries have largely resolved and that the settlement funds will be sufficient to pay for any treatment he may require in the future. She indicates that she has had many conversations with counsel who have spent many hours on this matter. She has instructed counsel to settle the Minor Plaintiff’s claims in accordance with the Minutes of Settlement filed.
16The Minor Plaintiff, who is 17 now, has expressed his consent to the settlement as well and has executed his own consent.
17The Contingency Fee Retainer Agreement provides for a contingency fee in the amount of 33%. Counsel has deducted the amounts required for disbursement before applying the contingency fee. The proposed fee set out above is approximately 30 % of the total settlement, and is therefore less than the fee required pursuant to the Contingency Fee Retainer Agreement.
18Contingency fee agreements provide access to justice particularly for those who cannot afford to pay a lawyer an hourly rate.
19I am satisfied that the settlement and the indicated fees and disbursements are reasonable.
20All requirements of r. 7.08 have been complied with.
21Judgment to go in the form as signed by me today.
Justice Papageorgiou
Date: October 31, 2023