The plaintiff was injured when she was struck by a TTC bus as a pedestrian. She required emergency surgery to repair a left ankle fracture, and also suffered a mild concussion, fracture of the left tibia, and fractures of the left and right fibular heads. She argued that her injuries led to post-traumatic osteoarthritis, chronic pain, and depression. Following a trial, the jury awarded the plaintiff $175,000 in general damages, subject to a 25% reduction for contributory negligence given that she was crossing the road without the right of way when the accident occurred. On a threshold motion, Justice Sugunasiri accepted on a balance of probabilities that the accident caused the plaintiff permanent and serious impairments of important physical functions. Justice Sugunasiri preferred the evidence of the plaintiff’s orthopedic expert (Dr. Getahun) over that of the defence expert (Dr. Bogoch) in concluding that the orthopedic injuries were permanent and led to restricted range of motion and impaired gait.
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