Nov 24^th, 2008

The following case study contains information that has been accumulated from actual people and events. It is not possible to include every detail of the case. All individual and company names have been changed. Results will vary.

Baker Newby LLP recovered $221,000 for this plaintiff.

THE PLAINTIFF AND ACCIDENT

The Plaintiff, Andrew, was born in 1982 and was 21 years old at the time of the collision. He is currently not married, has no children, and resides in the Fraser Valley. In early 2004, Andrew was a front passenger in a pick up truck being driven by the Defendant Barry southbound on a busy street in the Fraser Valley. Barry failed to stop at an intersection and collided with an eastbound cement truck owned by the Defendant ABC Cement. and being operated by the Defendant Charlie. These Defendants have Third Partied the District of Downtown, alleging, inter alia, failure to maintain the intersection.

The pick-up was heavily damaged in the Collision, both airbags deployed and the windshield was broken. The force of the impact caused Andrew's head to strike the interior of the vehicle. Andrew was transported via ambulance to the hospital. He has no memory of the collision or the aftermath of the collision. His first memory is of waking up in the hospital.

THE INJURIES

1. Andrew sustained the following injuries as a result of the collision:

   1. Soft tissue injury to the cervical spine;

   2. Soft tissue injury to the upper thoracic spine

   3. Soft tissue injury to the lumbar spine;

   4. Soft tissue injury to the shoulders;

   5. Abrasions with swelling to the right side of the face and jaw and the adjoining part of the neck on the right side;

   6. Traumatic brain injury complicated by intracerebral hematoma;

   7. Traumatic vestibulopathy;

   8. Adjustment reaction;

   9. Sleep disturbance;

   10. Personality change;

   11. Memory loss;

   12. Headaches; and

   13. Fatigue.

       (collectively the "Injuries")

Soft Tissue Injuries

Andrew sustained soft tissue injuries to the neck, back, shoulder and face in the Collision. The soft tissue injuries to the neck, back and shoulders were Grade II in severity, as diagnosed by Dr. Smith March 2004. The facial soft tissue injuries took the form of abrasions, bruising and swelling. These injuries were noted in the Emergency Room Record following the collision. Dr. Smith described these abrasions as "significant" early in 2004. Andrew's facial swelling lasted at least 10 days. Jaw pain was significant following the collision. There was right-sided facial swelling and Andrew could not chew for four days. It took one month for this jaw pain to resolve.

Head Injury

Andrew suffered a complicated mild traumatic brain injury or a moderately severe traumatic brain, depending on which expert is preferred. Andrew lost consciousness in the collision and his initial Glasgow Coma Scale was 14. A letter from the Fraser Valley RCMP notes that he was unconscious upon arrival of emergency services at the scene of the collision. Dr. Davis, a neurologist, in his report of July 2004 stated that this GCS score is consistent with traumatic brain injury.

Andrew was transported to the hospital following the collision where he was diagnosed with a head injury. The Emergency Room Record shows that Andrew could not remember the day or date.

Other symptoms of brain injury experienced by Andrew in the days following the collision included post-traumatic amnesia of approximately several hours, vomiting, nausea, drowsiness, irritability, memory disturbance, headache, dizziness and cognitive impairment. These complaints along with a diagnosis of moderate concussion are documented by Andrew's family physician, Dr. Smith in his clinical notes as well as the First Smith Report.

Additional symptoms of brain injury experienced by Andrew in the days following the Collision, and noted in the First Jones Report, include inability to remember conversations, constant headaches and unsteady gait. Dr. Jones described Andrew's physical, cognitive, behavioral and emotional symptoms as "pronounced". Andrew also sustained a personality change as a result of his brain injury. Close family members such as Andrew's mother and long-term girlfriend attest to the marked changes in his personality following the Collision, such as belligerence and inappropriateness.

Headaches caused by the collision are an ongoing problem for Andrew. These headaches were severe and constant for the first two weeks post-Collision, continuing as less severe daily headaches with more intense headaches between two and three times weekly. As of July 2007, Andrew's headaches were occurring approximately 15 to 30 times monthly, each lasting several hours. Currently, Andrew is still afflicted with regular headaches and takes aspirin or Tylenol regularly for this problem. Andrew is noise and smell sensitive with these headaches.

Of great significance is the fact that symptoms of brain injury cannot be expected to improve beyond two years post-collision. For this reason, the First Smith Report placed Andrew at his "maximal level of recovery" as of November 2005.

NON-PECUNIARY DAMAGES

Andrew's principal pre-Collision recreational activity was motor-cross racing. This sport involves riding motorcycles in off-track situations. He has been deprived of participation in this activity since the Collision. As of February 2004, Dr. Smith recommended that Andrew not continue in motor-cross racing.

Since the Collision, another reason that motor-cross is no longer open to Andrew is that the noises, smells, bumps and vibrations trigger his headaches.

With respect to Andrew's loss of enjoyment of life, Dr. Jones, in the Third Jones Report stated:

"I remain of the opinion that this chronic headaches have had a negative impact of his social and recreational life. The headaches and memory problems appear to have a negative impact on him, psychologically, and they have at least suptly, affected the overall quality of his life. They do not, however, appear to be seriously limiting his day to day functioning."

In the Third Jones Report, Dr. Jones felt that Andrew's brain injury could be relevant in the future if he develops medical problems that could effect cognition.

We assess Andrew's non-pecuniary loss at $225,000.

PAST WAGE LOSS

At the time of the Collision, Andrew had been employed with the same company for approximately five years.

Andrew was off work for one month following the Collision on the instructions of Dr. Smith. When Andrew returned to work, it was on light duties. As of July 2004, Andrew was still working light duties but resumed regular duties shortly thereafter.

Andrew is entitled to past wage loss compensation in the amount of four weeks income, in addition to the additional between the amount he would have earned had he been able to return to heavy duties upon his return to work and the light duty hours he was actually able to work, based on his pre-Collision hourly wage of $19.00.

Consequently, Andrew's claim for past wage loss is $5,000.

FUTURE COST OF CARE

Due to Andrew's traumatic brain injury, he will require future psychological and vocational counseling and assessment. The First Smith Report identifies the fact that, as a victim of a traumatic brain injury, Andrew is at greater risk for developing psychiatric sequelae, with the greatest risk being the development of depression.

In the Third Jones Report, Dr. Jones recommends the following care to meet the future needs of Andrew resulting from his Collision-related injuries:

1. at least 36 sessions with a registered psychologist to be used over the course of his life to address emerging mental health issues, personal problems, or vocational difficulties; and

1. access to a vocational consultant, on an as-needed basis, to address work- related difficulties that he might experience over the course of his adult life. It seems reasonable to provide him with at least 20 such sessions over the course of his working life.

Dr. Jones also indicated that Andrew may require brain injury rehabilitation services.

There will be an additional cost associated with the price of pain killers for treatment of Andrew's chronic headaches.

Based on the current hourly fee of $150 for sessions with a registered psychologist or vocational consultant and the need for future brain rehabilitation services, Andrew's cost of future care for these treatments can be expected to be approximately $8,400

Our assessment of Andrew's loss under this head of damage is $12,500.

FUTURE LOSS OF CAPACITY

Andrew graduated from high school in 2000 and took employment with a trades company for approximately five years. In 2005 and 2006 Andrew worked at two companies, not lasting at either due to sensitivity to noise and associated headaches.

The First Smith Report acknowledges the possibility that Andrew's brain injury may interfere with his future employability in jobs which exert cognitive demands. In this regard, the Third Jones Report states as follows:

"It is now more likely that changes in [Andrew's] cognition and behavior can be attributed with greater confidence to his brain injury, and that these changes could interfere, at times, with work efficiency and effectiveness. It would be reasonable to conclude...that(a) it will be more difficult for him to learn new information on the job, (b) he might be more likely to be inattentive, miss details, or make mistakes, and (c) he will be more prone to being impulsive or having reduced frustration tolerance on the job".

Andrew continues experience significant employment limitations due to headaches brought on by noise and sometimes smells. The headaches experienced by Andrew since the Collision require him to take medication and slow down his work as he is unable to work while affected by these headaches.

Noise and light sensitivity, fatigue and restlessness are other Collision-caused problems which interfere with Andrew's ability to carry out some of his work duties.

Based on Andrew's loss of a capital asset in form of permanent cognitive impairment reduced capacity to endure noise and light, headaches and likely relegation to assistant-type jobs rather than the trades, we calculate Andrew's future loss of capacity at $250,000.

SPECIAL DAMAGES

Andrew is entitled to compensation for the cost of reasonable out of pocket expenses realized between the Collision and trial. In this regard, Andrew is entitled to reasonable hotel, meals, parking and mileage costs relating to his attendance at various medical appointments stemming from the Injuries. Andrew is also entitled to the costs of his medications required for treatment of his injuries.

CONCLUSION

It is Andrew's position that he is entitled to non-pecuniary damages in the reasonable amount of $200,000 as well as compensation for past wage loss, future costs of care and loss of capacity to earn income.

The injuries resulting from the Collision have imposed cognitive and physical limitations on Andrew's ability to engage freely in many of the life activities he previously enjoyed and will continue to do so in the future. His cognitive deficits and headaches and resultant reduced functionality are likely permanent and restrict his ability to earn income and progress in his career path of choice. Andrew's can expect headaches as result of common everyday tasks, necessitating use of pain killers.

Accordingly, Andrew's claim is as follows:

Non-pecuniary loss: $225,000

Past wage loss: $5,000

Loss of future earnings: $250,000

Future Care: $12,500

Specials: $to be calculated

TOTAL: $492,500

PLUS REASONABLE SPECIALS, COSTS, AND DISBURSEMENTS