ASSESSMENT OF DAMAGES - Limiting factors - Contributory negligence - Duty to mitigate - Timely action or response

Law360 Canada (December 20, 2022, 6:16 AM EST) -- Claim by Gustafson for damages for her injuries. Gustafson suffered catastrophic injuries when she was struck and run over by a motor vehicle driven by MacFarlane. Gustafson, Blanes and his son, Ryan, were engaged in trimming a large holly bush close to the farmhouse. MacFarlane arrived driving a small utility vehicle known as a Gator and began to help with the clean-up. Before she was struck, Gustafson was behind the Gator, preparing to load the remaining debris into a bin at the back. MacFarlane was at the wheel. Suddenly, she drove the Gator backwards into Gustafson, pushing her along the ground for a distance, then running her over with both rear and front wheels while travelling down a slope. Gustafson came to rest on the ground with broken bones in her neck, ribs, sternum, and pelvis. She suffered a spinal cord injury (SCI), liver laceration and a collapsed lung. Shortly afterwards, she lost consciousness and went into cardiac arrest, and Blanes performed CPR until emergency responders arrived....
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