Court Awards Over $1,000,000 in Concussion Case
Paul Taylor suffered a concussion when he was rear-ended by an inattentive driver. Before his injury he was a successful camera man in the film industry. Despite having significant post concussion symptoms, he returned to work after the crash and was able to hang onto his job for almost two years. But his injuries ultimately proved to be too much to allow him to continue working.
The main issue in the lawsuit was whether Paul was disabled from work. The insurer took the position that Paul was capable of working. Paul took the position that he could not cope with the significant demands of the only job he had ever known.
On January 8, 2024, following a 17 day trial, Justice Casullo released her decision[1]. The Court rejected the defence arguments in their entirety and awarded Paul everything that Oatley Vigmond asked for.
Justice Casullo also found the evidence of the expert witnesses called by the defence unhelpful to the Court. She concluded that psychiatrist Dr. Lawrie Reznek’s evidence exhibited a deep-seated bias and partisan tendencies, offering no assistance to the Court. Neuropsychologist Dr. Diana Jovanovski was characterized as uncooperative, unable to answer simple questions without qualification, and assuming the role of an advocate.
Liability was not a significant issue in this trial; the Defendant was entirely liable. The Defendant’s failure to bring her car to a stop behind Paul’s stationary vehicle propelled Paul’s vehicle one hundred feet forward, causing it to spin counter clockwise into a ditch. Paul’s vehicle became airborne, landed on its roof, and rolled.
Justice Casullo determined that Paul had sustained a mild Traumatic Brain Injury with symptoms attributable to post-concussion syndrome, including adjustment disorder, brain fog, chronic pain, cognitive difficulties, memory loss, and dizziness.
Paul’s impairments affected his relationship with his wife Karen and their children. His impairments also frustrated his career. As Justice Casullo expressed, he was “cut down in his prime” and could no longer pursue the career he had aspired to since adolescence.
Paul and Karen’s total award was over $1,000,000 plus interest. Paul was entitled to compensation, which included $250,000 for his pain and suffering, along with $609,590 for his future loss of income and earning capacity, and $105,688 for his future care needs. Karen was entitled to $75,000 for her loss of Paul’s care, guidance, and companionship.
[1] 2024 ONSC 166.
About the Authors
Troy Lehman joined Oatley Vigmond in 2006 and became a partner in 2010. As a personal injury lawyer, his greatest satisfaction comes from helping people through to the other side of a difficult time in their lives. “We’re here to help and relieve stress,” Troy says. “When I walk into a first meeting with a client, people are often scared and anxious. And for me, the best thing that can happen at the end of the meeting is that they say, ‘I feel so much better.’
As a partner at Oatley Vigmond, Lara Fitzgerald-Husek uses her empathy, creativity, and trial experience to connect with her clients and help them move forward after trauma. Lara focuses her practice solely on personal injury, and she is determined to get her clients the best possible outcome—the one they deserve.
Rayanna is devoted to advocating for clients so they can focus on rebuilding their lives. She has seen firsthand the profound impact an injury can have on a victim and their families and believes that navigating a complex legal system should be the least of their worries. Effective communication, compassion and commitment is the cornerstone of Rayanna’s practice.