Facts: Catherine Dianne Lewis was injured in a motor vehicle accident on December 9, 2016, when a vehicle operated by defendant Tania Gibeau, who ran a red light, struck the vehicle where Lewis was a passenger. Liability was admitted by the defendants. The case focused on causation and assessment of damages.
Issues: The court needed to determine the extent of injuries caused by the accident, assess the damages due to these injuries, and decide the appropriate compensation for non-pecuniary damages, loss of earning capacity, special damages, costs of future care, and an in-trust award.
Court's Ruling: The court ruled in favor of Catherine Dianne Lewis, finding that she suffered significant and ongoing injuries from the accident, including a mild traumatic brain injury and other physical impairments. The court provided a detailed analysis of each category of damages, awarding compensation based on the injuries' impact on Lewis's life and capacity to earn.
Amount of Costs/Damages Awarded: The court awarded Lewis a total of approximately $321,238.02, broken down as follows: $220,000 for non-pecuniary damages, $89,641.02 for loss of earning capacity, $6,397 for special damages, and $5,200 for costs of future care. No in-trust award was granted for John Lewis, her husband.
