The plaintiff sustained injuries as a result of a motor vehicle accident and advanced a chronic pain case at trial. The jury awarded $15,000 for general damages, $35,000 for future medications, and $5,000 for future psychotherapy. Nothing was awarded for past or future income or future care costs. The plaintiff appealed, arguing that the damages assessed by the jury were conflicting and irreconcilable; that the assessment of damages was unjust; and other similar grounds. The Divisional Court dismissed the appeal, finding that there was no obvious inconsistency in the jury’s findings. The jury’s assessment of damages could reasonably be interpreted to mean that it accepted the plaintiff sustained a modest injury which had not prevented him from continuing to work in his pre-collision capacity. The jury accepted that the plaintiff would require ongoing medication and psychological therapy to continue working until he could retire.
