SERIOUS BRAIN INJURY REQUIRING 24-HOUR ATTENDANT CARE
Our client was driving on Highway 401 in Toronto when he was cut off by an unidentified driver. He swerved to avoid that vehicle, lost control and smashed into the center median. Our client’s car sat disabled in the passing lane for a little more than two minutes when it was hit by a car driven by the defendant.
Going into trial the defendants took the position that our client was substantially at fault for the collision. They took the position that the brain injury was mild and that our client required relatively little care. The combined defence offers totalled $550,000 plus costs.
A judge found that our client did nothing wrong. She found both the unidentified driver and the defendant to be negligent. She found that the brain injury was serious and that our client requires 24 hour attendant care. She assessed the damages at over $3,200,000.