Although a judge has found that a plaintiff’s experts inflated numbers in a report recommending $2-million in future care costs, the Supreme Court of Nova Scotia has awarded Jennifer Ann Morris $435,000 for ongoing impairments following a hit-and-run accident.
The defendant in Morris v. Primmum Insurance Company had asked to pay no more than $280,000 all in, compared to the $3.2-million sought by Morris.
Because Morris was a victim of a hit-and-run accident, she was compelled to advance a claim under her own insurance policy issued by Primmum. “The parties agreed that the unidentified vehicle was entirely liable for the accident. There is no allegation of contributory negligence on the part of Ms. Morris. The dispute reduces to questions and damages (including causation) and the proper quantum of damages,” the decision in the case states.
Prior to the accident, Morris is described as being positive, a leader and highly trusted in her position. “I find that the accident carved a clear dividing line in her life. She became a different person. She certainly was not totally disabled and there are aspects of her recovery that were remarkable. However, she suffered (and still suffers from) significant impairments,” the decision states.
In the decision, the justice in the case notes Morris’ quick return to a strenuous work schedule and the related “lost opportunity” for an optimal recovery, but notes that there were no recommendations made that she stop working. “I find that Ms. Morris did the best she could in the circumstances, both in terms of medical advice and fulfilling her own responsibilities regarding medications and therapy,” the decision states. “Overall, Ms. Morris’ return to work and desire to earn an income, cannot, in a strange reversal, be held against her.”
The decision continues saying the most significant component of Morris’ damage claim is the future cost of care. Morris sought damages in the range of $1.4-million to $2-million, based primarily on an expert opinion report prepared by an occupational therapist.
“Respectfully, I have significant difficulties with the expert evidence presented in support of a claim for cost of future care. Many of the foundational assumptions,” they add, “were greatly exaggerated and/or not grounded in a medical opinion.” Inflated drug costs, therapy costs which were not prescribed by any medical expert and a call for a case manager, at a cost of up to $285,000, when none was recommended, were all held up as examples. The decision also notes that the reports are premised on the assumption that Morris would require all of the recommended therapies for the rest of her life.
Broken down, the court’s award included general damages of $175,000, $200,000 for diminished earning capacity, $25,000 for loss of valuable services, past and future, and $35,000 for the cost of Morris’ future care.
