The plaintiff was involved in two rear-end collisions and sought damages for personal injuries. The defendants admitted liability, and the focus of the trial was on determining the damages. The plaintiff decided to abandon certain claims and pursued non-pecuniary damages, special damages, and past loss of earning capacity. The defendants argued that the accidents aggravated pre-existing pain but denied any income loss. There was an agreement on special damages, and no apportionment was requested. The main dispute revolved around whether the plaintiff's accident-related injuries caused them to cease operating a care home.
The defendants claimed a failure of mitigation for past loss of earning capacity damages, but no such damages were awarded. The court awarded $75,000 for general damages, $3,835.84 for special damages, and $0 for past loss of earning capacity. The total amount of damages awarded was $78,835.84. Unless new information is presented, Mr. Singer is entitled to costs on the ordinary scale.