Wright v. Dillon

Wright v. Dillon

Judge accepted causation for ongoing subjective headaches but discounted aspects of the plaintiff's credibility regarding the severity of functional limitations; applying comparable authorities and weighing medical evidence and probabilities, the court fixed non-pecuniary damages in the middle of the established range and made specific awards for loss of earning capacity, past income, special damages and future care (botox) while allowing costs to the plaintiff.

Citation
2009 BCSC 176
Parties
Plaintiff: Judith Ann Wright; Defendant: Gordon Michael Dillon
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
16 February 2009
Procedural Posture
Personal Injury (motor Vehicle) / Assessment of Damages (liability Admitted)
Outcome
Judgment for the plaintiff; damages awarded.
Legal Topics
Non Pecuniary Damages, Loss of Earning Capacity, Future Cost of Care, Special Damages, Credibility of Witness, Medical Evidence
Source Language
English
Torts Personal Injury Motor Vehicle Law Damages Non Pecuniary Damages Loss of Earning Capacity Future Cost of Care Special Damages +2 more

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Parties

Judith Ann Wright

Plaintiff

Gordon Michael Dillon

Defendant

Procedural Posture

Personal Injury (motor Vehicle) / Assessment of Damages (liability Admitted)

Legal Issues

  1. 1 Causation of subjective headaches and their credibility
  2. 2 Quantum of non-pecuniary damages for soft tissue injuries with persistent headaches
  3. 3 Assessment of loss of earning capacity as an impairment of a capital asset

Ratio Decidendi

Judge accepted causation for ongoing subjective headaches but discounted aspects of the plaintiff's credibility regarding the severity of functional limitations; applying comparable authorities and weighing medical evidence and probabilities, the court fixed non-pecuniary damages in the middle of the established range and made specific awards for loss of earning capacity, past income, special damages and future care (botox) while allowing costs to the plaintiff.

Court Disposition

Judgment for the plaintiff; damages awarded.

Orders

  • $40,000 for non-pecuniary damages
  • $13,854 for past loss of income, net tax deduction to be agreed with leave to apply if the parties fail to agree