Devito v. Watson

Devito v. Watson

Court found on balance that the 2015 collision was the cause of the plaintiff's ongoing mild-to-moderate lower back pain (but for causation); awarded $65,000 non-pecuniary damages, $316.48 past wage loss, $93,000 for loss of future earning capacity (one year salary), $2,072.20 special damages; declined separate...

Source-derived case information.

Citation
2020 BCSC 1106
Parties
Plaintiff: Jesse Devito; Defendant: Joyce Watson
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
28 July 2020
Procedural Posture
Motor Vehicle Personal Injury / Trial Judgment (reasons for Judgment)
Outcome
Judgment for plaintiff; damages awarded totalling $160,388.68; costs to plaintiff on Scale B.
Legal Topics
Non Pecuniary Damages, Loss of Earning Capacity, Causation, Special Damages, Medical Expert Evidence, Pre Existing Condition
Source Language
english
Tort Personal Injury Motor Vehicle Accident Damages Non Pecuniary Damages Loss of Earning Capacity Causation Special Damages +2 more

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Parties

Jesse Devito

Plaintiff

Joyce Watson

Defendant

Procedural Posture

Motor Vehicle Personal Injury / Trial Judgment (reasons for Judgment)

Legal Issues

  1. 1 Whether the February 1, 2015 collision caused the plaintiff's ongoing lower back pain
  2. 2 Quantum of non-pecuniary damages for chronic mild-to-moderate lower back pain
  3. 3 Whether there is past and future loss of earning capacity and its quantum

Ratio Decidendi

Court found on balance that the 2015 collision was the cause of the plaintiff's ongoing mild-to-moderate lower back pain (but for causation); awarded $65,000 non-pecuniary damages, $316.48 past wage loss, $93,000 for loss of future earning capacity (one year salary), $2,072.20 special damages; declined separate award for housekeeping capacity; plaintiff entitled to costs on Scale B.

Court Disposition

Judgment for plaintiff; damages awarded totalling $160,388.68; costs to plaintiff on Scale B.

Orders

  • Non-pecuniary damages: $65,000.00
  • Past wage loss: $316.48