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$60,000 Non-Pecuniary Damage Assessment for STI’s Imposed on Pre-Existing Injuries
Reasons for judgement were released this week dealing with damages for soft tissue injuries imposed on pre-existing symptomatic injuries.
In this recent case, (Hosking v. Mahoney), the Plaintiff was injured in a 2004 motor vehicle collision. Â She had pre-existing injuries from previous collisions and as a result had some on-going symptoms. Â Mr. Justice Warren found that the new injuries would likely continue well into the future and assessed non-pecuniary damages (money for pain and suffering and loss of enjoyment of life) at $80,000 then reduced this award by 25% to account for the Plaintiff’s pre-existing injuries. Â In reaching this result the Court provided the following reasons:
[178] I find that the plaintiff suffered a mild to moderate soft tissue injury to her cervical and upper thoracic areas as a result of the February 2004 accident. This was superimposed on her already symptomatic condition caused by the earlier accidents and although she had started to make the expected recovery, the process was interrupted by her falls. Normally, these would not have affected the plaintiff but she was more vulnerable as a result of the three accidents. There is no orthopaedic or neurological cause. It is probable that these complaints will continue well into the future but can be managed and alleviated by an appropriate exercise programme (as recommended by her medical advisors as early as Dr. Parhar in March 2003) and by such passive therapies as may, from time to time, help alleviate her symptoms.
[179] Using the authorities relied upon by counsel as a template, for each case depends on its own unique features, I assess the plaintiff’s general damages at $80,000 which I reduce by 25% as attributable to or an apportionment for her pre-existing symptomatic injuries and her intervening falls.
Tags: bc injury law, chronic pain, Hosking v. Mahoney, Mr. Justice Warren, pre-existing injuries, soft tissue injuries
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