Key Points:

• Trial Damages Awarded:
  • Non-pecuniary damages: $120,000
  • Past loss of earning capacity: $189,900
  • Future loss of earning capacity: $1,385,500
  • Cost of future care: $68,297.50
  • Special damages: $102,978.38
  • Total: $1,867,000

Appellants' Arguments:

1. Residual Earning Capacity: Alleged the judge failed to consider Corness' post-accident earning potential.
2. Replacement Labour Costs: Contested the use of replacement labour costs for calculating damages.
3. Future Care Costs: Argued insufficient evidence supported the future care costs awarded.

Court Findings:

• Damages Assessment:

  • The trial judge correctly applied the law and relied on credible evidence and expert testimony.
  • Damages awarded were appropriate and not excessively high.

• Residual Earning Capacity:

  • Corness' continued work at his company was considered. It was unrealistic to expect a more profitable role elsewhere.

• Replacement Labour Costs:

  • Justified due to the nature of Corness' physically demanding work. The judge's quantification was appropriate.

• Future Care Costs:

  • Supported by medical evidence, covering necessary treatments and modifications for Corness' health.

Legal Implications:

• Reinforces principles for calculating damages in personal injury cases.
• Highlights limited appellate interference in such assessments.

Judgment:

• Appeal dismissed; $1,867,000 award to Ryan Corness upheld.