Incident: Patricia Taylor was injured on September 12, 2017, when Michael Peters backed his vehicle into her.
Injuries: Taylor suffered a broken pelvis, concussion, knee pain, neck pain, and anxiety around parked cars.
Pre-existing Condition: Left-sided paralysis from a 2007 stroke, affecting her gait and increasing right hip pain post-accident.
Trial Court Decision:
Taylor was awarded $125,000 for non-pecuniary damages and $272,029 for future care costs, including:
Physiotherapy: $165,116
Massage Therapy: $52,746
Housekeeping Capacity: $40,000
Appellant’s Arguments:
Challenged the future care costs, claiming:
Lack of evidence for lifelong need for physiotherapy and massage therapy.
No necessity for housekeeping assistance due to the accident.
Appeal Court Decision:
Held: Appeal dismissed.
Reasons:
Physiotherapy: Supported by medical evidence; necessary for managing Taylor’s right hip pain.
Massage Therapy: Beneficial for pain management and overall quality of life; awarded for bi-weekly sessions.
Housekeeping: Needed due to increased fatigue and inability to perform household tasks effectively post-accident.
Conclusion:
The appellate court found no error in the trial judge's application of legal principles or factual findings. The awards for future care were reasonable and supported by evidence. The appeal was unanimously dismissed.
