Maher v. Tsegaye
Tyler Joseph Maher
Law Firm / Organization
Lakes, Whyte LLP
Senayt Tsegaye
Law Firm / Organization
Lindsay LLP
Aynalem Abraha
Law Firm / Organization
Lindsay LLP
Jacqueline Blaschuk
Law Firm / Organization
Lindsay LLP

Background: Tyler Joseph Maher was involved in two motor vehicle accidents. In the first accident (MVA #1), Maher's vehicle collided with one driven by Senayt Tsegaye, who was found 100% liable. The second accident (MVA #2) involved Jacqueline Blaschuk, with liability equally shared between Maher and Blaschuk.

Legal Issues: Maher alleged chronic back pain and psychological issues, including Major Depressive Disorder, resulting from the accidents. The court acknowledged these injuries, noting that the first accident primarily caused the conditions, which were exacerbated by the second accident.

Held: Senayt Tsegaye was found 100% liable for the first motor vehicle accident (MVA #1) involving Tyler Joseph Maher. For the second motor vehicle accident (MVA #2), the liability was apportioned equally between Tyler Joseph Maher and Jacqueline Blaschuk.

Costs/Damages Awarded:

  • Non-Pecuniary Damages: $100,000 for pain, suffering, and diminished enjoyment of life due to the injuries sustained in the accidents.
  • Past Loss of Earning Capacity: $85,000, reflecting the earnings Maher could not achieve due to his injuries.
  • Loss of Future Earning Capacity: $195,000, considering Maher's ongoing challenges that may impact his future earnings.
  • Costs of Future Care: $19,000 for future medical and therapeutic needs to manage his injuries.
  • Special Damages: $1,500 for out-of-pocket expenses related to the injuries.

The total amount awarded to Tyler Joseph Maher was $414,000. The court's decision emphasized the ongoing impact of the injuries on Maher's personal and professional life and the need for continued medical treatment.

Supreme Court of British Columbia
M162837; M169793
Personal injury law
$ 414,000
Plaintiff