Plaintiff awarded $80,000 in non-pecuniary damages for fractured leg

In reasons for judgment released last week, the court in Sohal v. Singh, 2017 BCSC 734, awarded the plaintiff $80,000 in non-pecuniary damages following a car accident in which she suffered a fractured patella.  Mr. Justice Skolrood wrote:

[3]             The plaintiff was 47 years old at the time of the accident and 53 years old at the time of trial. She has been a widow since 2001 and has two children, a daughter currently 25 years old and a son currently 21 years old.

[4]             The plaintiff lives in New Westminster and both of her children currently live with her while they attend university.

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[13]         The plaintiff described the impact as feeling like she had been struck in the right knee by a hammer. It was subsequently determined that she had fractured her patella. She also felt immediate tightness in her neck and shoulders.

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[34]         The plaintiff called two treating physicians to give evidence. Dr. Darius Viskontas is an orthopaedic surgeon who first saw the plaintiff on December 16, 2011 on referral from Royal Columbian Hospital. At that time, he diagnosed her with a fractured right patella, based on x-rays that had been done, and he prescribed her a brace. Thereafter, Dr. Viskontas continued to see the plaintiff periodically up until May 2013. Over that period of time, her patellar fracture healed well but she continued to complain of pain in the knee and leg.

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[52]         In my view, the plaintiff’s injuries and ongoing complaints, as well as the impacts on her, most closely align with the facts of the authorities that she relies on rather than those advanced by the defendant. Considering those authorities and the principles emanating from Stapley, I find that a reasonable award of non-pecuniary damages is $80,000.

The full decision can be found here:  http://www.courts.gov.bc.ca/jdb-txt/sc/17/07/2017BCSC0734.htm