Nolan v. Kohl
Annette Nolan
Law Firm / Organization
Not Specified
Pierre Kohl

Introduction: The court found the defendant, Jason Kohl, wholly liable for the accident on September 23, 2020, which resulted in significant injuries to the plaintiff, Mary Nolan.

Liability: Evidence from both parties and bystanders supported the determination of fault.

Plaintiff's Case – Damages: The plaintiff was awarded $280,000 for pain and suffering. Her past loss of capacity was assessed at $158,051, and her loss of future earning capacity was valued at $1,030,000. The cost of future care was to be determined by counsel. Special damages required further assessment.

Defendant's Case – Damages: The defendant argued against the extent of the plaintiff’s claimed injuries and future care needs, focusing on psychiatric and occupational therapy as the only necessary treatments.

Legal Arguments/Issues: The plaintiff claimed comprehensive damages due to ongoing physical, cognitive, and psychological impairments affecting her ability to work and live independently. The defendant contended that the injuries were primarily psychiatric and argued for a lower valuation of future care costs and loss of earning capacity.

Court's Findings: The court accepted the plaintiff's evidence of extensive psychiatric and psychological damage. It disputed claims for certain future care costs, awarding amounts for specific therapies like psychiatric treatment and occupational therapy but rejecting indefinite future care needs.

Total Amount Awarded: The total amount ascertained was $1,468,051.

Costs: Costs were awarded to the plaintiff, subject to further discussion on specific items like tax gross-up and management fees.

Supreme Court of British Columbia
M214630
Personal injury law
$ 1,468,051
Plaintiff