Overview

A young factory worker suffered a permanent knee injury after the small aluminum boat he was fishing in was struck by a personal watercraft. Although he continued working and earning more than before the crash, evidence showed that his knee condition would worsen and could shorten his working life. A jury accepted his case and awarded funds intended to secure his financial future.

Key Takeaways

  • Settlement or verdict amount: Undisclosed
  • Accident type: Boating accident involving a personal watercraft
  • Primary injury: Knee fracture
  • Long-term impact: Permanent knee injury with worsening cartilage damage
  • Employment impact: Evidence indicated the client would probably be unable to work past age 50
  • Legal proceedings: Trial before a jury
  • Notable evidence: Orthopaedic surgeon evidence and an animation showing increasing cartilage destruction
  • Outcome: Jury awarded funds sufficient to secure the client’s financial future

The Case

Our client was a young man who worked on the line in a factory. He was fishing in a small aluminum boat when someone operating a personal watercraft rammed into him, resulting in a permanent injury to his knee.

By the time of trial, the client was working more overtime and earning more money than he had before the crash. He testified that he was continuing to work extra hours despite his pain as a hedge against having to retire at a young age.

At trial, evidence from an orthopaedic surgeon, along with an animation, demonstrated the increasing destruction of cartilage in the client’s knee. The evidence convinced the jury that he would probably be unable to continue working past the age of 50.

The defence had offered a much lower amount, but the jury accepted the client’s case and awarded him sufficient funds to secure his financial future. The amount of the award was not disclosed.

Why It Matters

This result demonstrates the significance of considering the future effects of a permanent knee injury even when an injured person remains employed and is earning more than before the accident. In this case, the focus at trial included how the client’s worsening knee condition could affect his ability to continue physically demanding work as he aged.

The orthopaedic evidence and animation helped demonstrate the increasing cartilage damage in his knee and its potential impact on the length of his working life.