$9,076,854 Judgement For Plaintiff With Catastrophic Brain Injury Following Tractor Trailer Collision
Reasons for judgement were published today by the BC Supreme Court, Vancouver Registry, assessing damages at over $9 million for a Plaintiff who sustained life altering injuries following a tractor trailer collision.
In today’s case (Uy v. Dhillon) the Plaintiff’s vehicle was struck by a tractor trailer while driving on the Coquihalla highway in British Columbia’ interior. The Defendant denied fault but was found liable at trial with that finding being confirmed by the BC Court of Appeal.
This resulted in “a serious brain injury in the Accident that has resulted in a significant degree of cognitive impairment” for the Plaintiff. The brain injury rendered him totally unemployable with deficits so profound that he required “24-hour care and supervision for the rest of his life. “.
Upper limit non-pecuniary damages of $388,177 were awarded. The bulk of the judgement centered around the cost of 24 hour lifetime care which the Court assessed at over $7 million. In finding the injuries warranted non pecuniary damages at the rough upper limit Mr. Justice Skolrood provided the following reasons: