Court found accident caused or contributed significantly to most of the claimed injuries
The British Columbia Supreme Court awarded non-pecuniary damages for a motor vehicle accident, concluding the accident caused significant chronic pain and mental health issues, with a 25 percent reduction for failure to mitigate damages.
The plaintiff, Jenaya Laley, was 27 years old at the time of the accident and working as a cook at an Original Joe’s Restaurant. The collision occurred when the vehicle she was a passenger in was rear-ended while stationary at an intersection. Although liability was admitted, the defendant contended that the injuries were minor and had resolved, attributing her current chronic pain and mental health issues to pre-existing conditions and post-accident events. Additionally, the defendant argued that Laley failed to mitigate her damages.
Laley provided detailed evidence of her life before and after the accident, highlighting the dramatic impact on her physical and mental health. She described ongoing severe pain, particularly in her lower back and hips, which radiated to other parts of her body. Her pain was corroborated by several medical experts who diagnosed her with various conditions, including spondylolisthesis and spondylolysis, which were aggravated by the accident.
Dr. Christopher Watt, a general practitioner with expertise in disability evaluations, opined that the accident aggravated Laley's pre-existing but asymptomatic conditions, leading to chronic pain. He also noted a significant psychological overlay contributing to her pain perception, a common issue in the context of depression and anxiety.
The court found that Laley failed to adequately mitigate her damages. Evidence showed she did not engage consistently in recommended active rehabilitation or weight loss efforts, and she refused to take prescribed anti-depressant medication. Consequently, the court reduced her damages by 25 percent for failing to mitigate her condition, which would have likely improved with proper treatment and exercise.
The Supreme Court found that the accident caused or contributed significantly to most of Laley’s claimed injuries, except for certain conditions such as jaw pain and incontinence, where causation was not sufficiently proven. The court also acknowledged that some degree of back pain would likely have manifested eventually due to her pre-existing conditions and other factors.
Considering the evidence, the court awarded $142,500 in non-pecuniary damages, reduced from the initial assessment to account for the failure to mitigate. The award was intended to compensate for pain, suffering, and loss of enjoyment of life. The court also addressed other heads of damages, including past and future loss of earning capacity, loss of housekeeping capacity, and cost of future care.
