Brennan v. Singh et al.,

• Jurisdiction: British Columbia
• Judge: Harvey, J.
• Citation: (1999), 6 B.C.T.C. 81 (SC)
• Court: Supreme Court of British Columbia (Canada)
• Date: 04 March 1999

Brennan v. Singh (1999), 6 B.C.T.C. 81 (SC)

MLB headnote and full text

Temp. Cite: [1999] B.C.T.C. TBEd. MR.143

Ronald J. Brennan and Marcia D. Brennan (plaintiffs) v. Baljinder Singh, deceased, Marr Contractors Ltd. and Midtown Truck Services Inc. (defendants)

(B961315)

Indexed As: Brennan v. Singh et al.

British Columbia Supreme Court

Vancouver

Harvey, J.

March 4, 1999.

Summary:

The plaintiffs, Ronald Brennan and Marcia Brennan, were injured in a 1995 automobile accident. Ronald, now aged 63, suffered neck injuries, back injuries (including frac­tures of the L1 and L3 vertebrae), injury to the right scapula, injury to the right arm, injury to the ribs and multiple lacerations, abrasions and contusions. Marcia, now aged 61, suffered injuries which ren­dered her a quadriplegic. She also suffered a subdural hygroma (fluid in the brain). Marcia had been diagnosed with Parkinson's disease shortly before the accident. Liability would be determined at a later date. At issue was the question of damages.

The British Columbia Supreme Court assessed Marcia's nonpecuniary damages at $262,000. The court also assessed damages for the cost of future care, home renovations, transportation, equipment/aids, medication and housekeeping. The court also awarded Marcia $57,892.80 and $20,000 in trust for past and future care provided by Ronald. The court assessed Ronald's nonpecuniary damages at $45,000 and also awarded $16,000 for travel expenses. Ronald's claim for loss of enjoyment of life planned with his wife was not compensable. The court allowed the plaintiffs' claim for $33,345.50 paid to them or on their behalf by Manulife pursuant to an insurance policy between Manulife and Ronald's employer.

Damage Awards - Topic 67

Injury and death - Body injuries - Back - Resulting in paralysis - See paragraph 15.

Damage Awards - Topic 68

Injury and death - Body injuries - Back - Vertebral fracture or displacement - See paragraphs 16 to 26.

Damage Awards - Topic 187

Injury and death - Neck injuries - Spinal cord (incl. resulting in paralysis) - Quadriplegia - See paragraph 15.

Damage Awards - Topic 455

Injury and death - Special damage awards - Transportation - See paragraphs 188 to 192.

Damages - Topic 1288

Losses by third parties - Recoverable losses - General and special damages for personal care of injured person - See para­graphs 93 to 116.

Damages - Topic 1534

General damages - Elements of general damages - Loss of enjoyment of life - See paragraphs 27 to 34.

Damages - Topic 1556

General damages - General damages for personal injury - Calculation and method of assessment - Contingencies - Deductions for - See paragraph 114.

Damages - Topic 1557

General damages - General damages for personal injury - Calculation and method of assessment - Life expectancy - See paragraphs 117 to 173.

Damages - Topic 1567

General damages - General damages for personal injury - Future care and treatment - See paragraphs 78 to 91.

Damages - Topic 1746

Deductions for payments or assistance by third parties - Contractually - Insurance - Accident and sickness benefits (incl. dis­ability) - See paragraphs 174 to 187.

Insurance - Topic 2883

Subrogation - Action by insured - Entitle­ment of subrogated insurer to damages awarded - See paragraphs 174 to 187.

Cases Noticed:

Beecham v. Hughes (1988), 27 B.C.L.R.(2d) 1 (C.A.), refd to. [para. 32].

Zapf v. Muckalt (1995), 11 B.C.L.R.(3d) 296 (S.C.), refd to. [para. 45].

Ratych v. Bloomer, [1990] 1 S.C.R. 940; 107 N.R. 335; 39 O.A.C. 103, refd to. [para. 177].

Cooper v. Miller (No. 1), [1994] 1 S.C.R. 359; 164 N.R. 81; 41 B.C.A.C. 1; 66 W.A.C. 1; 88 B.C.L.R.(2d) 273, refd to. [para. 177].

Cunningham v. Wheeler - see Cooper v. Miller (No. 1).

Bradburn v. Great Western Railway Co., [1874-80] All E.R. Rep. 195 (Ex. Div.), refd to. [para. 181].

Authors and Works Noticed:

DeVivo and Associates, Prognostic Factors for Twelve Year Survival After Spinal Cord Injury (1992), generally [para. 146].

Frankel, H.L., and Associates, Long Term Survival in Spinal Cord Injury: A 50 Year Investigation (1998), generally [para. 146].

Geisler, W.O., and Associates, Survival in Traumatic Spinal Cord Injury (1983), generally [para. 146].

Counsel:

J.N. Laxton, Q.C., and E. Lyszkiewicz, for the plaintiffs;

R.B. Lindsay and W.D. Mussio, for the defendants, Baljinder Singh and Marr Contractors Ltd.;

M.D. Adlem and A.M. Ross, for the defen­dant, Midtown Truck Services Inc.

This matter was heard on January 25-29, February 1-5, 8-12, 15-19 and 22, 1999, at Vancouver, British Columbia, before Harvey, J., of the British Columbia Supreme Court, who delivered the following decision on March 4, 1999.