Harper v. Mezo
Marion Harper
Law Firm / Organization
Not Specified
Lawyer(s)

M.J.C. Smith

Zoltan Mezo
Law Firm / Organization
Not Specified
Lawyer(s)

M. J. Walton

 

Background:
This case involved a high-speed single motor vehicle collision on May 9, 2017, on the Sunshine Coast highway. Marion Leslie Harper, the plaintiff, sought damages for serious injuries sustained when the defendant, Zoltan Mezo, fell asleep while driving and caused the accident.

Legal Issues/Arguments:
The main issue was determining the appropriate amount of damages to be awarded to Marion Leslie Harper for the injuries sustained in the accident caused by Zoltan Mezo.

Held:
The Supreme Court of British Columbia ruled in favor of Marion Leslie Harper, awarding her a total of $799,829.57 in damages.

Costs/Damages Awarded:

  • Non-Pecuniary Damages:

    • Harper was awarded $250,000 for pain, suffering, and loss of enjoyment of life.
  • Past and Future Loss of Earning Capacity:

    • The court did not award any amount under this head, not persuaded by Harper's claim for potential future earnings from horticultural consulting.
  • Past Loss of Housekeeping Capacity:

    • Harper was awarded $25,000 for her inability to maintain her household as she did before the accident.
  • Future Cost of Care: Harper was awarded a total of $517,100 for future care costs, including:

    • Future assisted living: $198,500
    • Future in-home care: $217,000
    • Physiotherapy: $16,000
    • Equipment: $4,600
    • Medications: $2,000
    • Housekeeping services: $17,000
    • Yard maintenance: $12,000
    • Yoga membership and exercise pass: $11,000
    • Botox injections: $13,000 (discounted by 50%)
    • Occupational therapy and case manager: $12,000
    • Future equipment (e.g., stairlift, shower seat, mobility scooter): $14,000
  • Special Damages:

    • Agreed between the parties at $7,729.57.
  • Total Award:
    • The total amount awarded to Harper was $799,829.57.
Supreme Court of British Columbia
M190069
Personal injury law
$ 799,830
Plaintiff