In the case of Warren v Biswal dated July 31, 2023, involving a motor vehicle personal injury claim, liability was admitted by the defendant, Amitabh Biswal, and the court determined the appropriate quantum of damages.
The plaintiff, Deanna Leonora Warren, a 47-year-old woman, was involved in a collision on June 16, 2017. She was driving her 12-year-old son to school when she was rear-ended by the defendant's vehicle at an intersection. The plaintiff's vehicle suffered noticeable damage to the rear, while the defendant's vehicle had significant damage to the front.
As a result of the accident, the plaintiff claimed to have suffered various injuries, including a concussion or mild traumatic brain injury (MTBI), headaches, neck pain, shoulder pain, upper and lower back pain, right wrist pain, as well as psychological injuries like depression, anxiety, PTSD, and cognitive symptoms affecting balance, memory, concentration, and word-finding. The plaintiff sought compensation for non-pecuniary damages, past and future loss of earning capacity, past and future loss of housekeeping capacity, cost of future care, and special damages. The defendant disputed some of the claimed damages and argued for a significantly lower award, taking into account allegations of failure to mitigate losses.
The court found in favor of the plaintiff and awarded a total amount of $538,711.05.