TYPES OF DAMAGES - General damages - For personal injuries - Non-pecuniary loss - Pain and suffering

Law360 Canada ( April 13, 2018, 8:35 AM EDT) -- Appeal by the defendants from a $225,000 general damages award made by a jury in the respondent’s favour for pain and suffering she suffered as a result of a motor vehicle accident. The respondent was 18 years old at the time of the accident. She suffered a fracture of her tibia and an intra-articular fracture of the right talus bone requiring orthopedic surgery. She testified that she had suffered considerable pain and restriction of movement as a result of the fracture. The medical experts agreed that she would likely require further surgery in the future and that she would suffer on-going pain and restriction of movement on account of arthritis in her ankle. The appellants submitted that the trial judge erred in restricting the scope of testimony of the appellants' expert, in failing to declare a mistrial as a consequence of inappropriate closing submissions by the respondent's trial counsel and in failing to provide sufficient guidance to the jury on the appropriate range for non-pecuniary damages....
LexisNexis® Research Solutions

Related Sections