The plaintiff was injured in a motor vehicle accident in 2015. A judge-alone trial proceeded on damages only. The plaintiff was 46 at the time of the accident, and was 52 at the time of trial. She suffered chronic pain syndrome and became highly dependent on medications and alcohol to alleviate her pain. She attempted to work after the accident, but had to quit her job about one year after the accident because she could not maintain her work obligations. Justice Muszynski found that the plaintiff suffered a threshold injury as a result of the accident. Justice Muszynski accepted the plaintiff’s experts, and awarded: $100,000 for general damages (gross); $38,371 for past loss of income; $201,294 for housekeeping; and $3,700 for out of pocket expenses. The plaintiff was also awarded future income loss and future care expenses. Justice Muszynski requested the parties’ assistance in quantifying the damages. For future income loss, Justice Muszynski held that the plaintiff would work until mid-2027 when the plaintiff’s son finished university. The accounting experts had not provided a present value calculation for that date. The future care costs were a mix of one time fees and annual fees. The one time fees were $54,972.55. The recurring fees were around $800 per year, and around $2,750 every three to five years.
