IN THE SUPREME COURT OF NOVA SCOTIA
Citation: Dibattista v. Deslaurier, 2008 NSSC 344
Date: 20081120
Docket: SH 164552
Registry: Halifax
Between:
Emidio Dibattista
Plaintiff
and
Vanessa Deslaurier and
Ebenezer’s Stone Ministry and
David Hennessey
Defendants
LIBRARY HEADING
Judge: The Honourable Justice Glen G. McDougall
Heard: September 18 - 26, 2006, in Halifax, Nova Scotia
Subject: Damages for injuries sustained in two separate motor vehicle accidents. Both matters heard together.
Summary: The plaintiff was involved in a rear‑end collision in 1998. While still recovering from the injuries caused by the first accident, the plaintiff was once again rear‑ended in a second motor vehicle accident which occurred approximately 27 months after the first. The second accident was minor in nature. It caused an exacerbation of the original injuries and delayed the plaintiff’s overall recovery. The plaintiff had been involved in an even earlier car‑pedestrian accident some years before. Some of the plaintiff’s recent complaints were similar to those he had experienced in the past. The plaintiff also suffered from depression and had claimed disability benefits before the first accident.
Issue: (I) What are the plaintiff’s overall damages for pain and suffering and how should they be apportioned between the two defendants?
(ii) What special damages including past and future income loss is the plaintiff entitled to and how should they be apportioned or assigned to the two defendants?
Result: The plaintiff’s injuries put him in the lower end of the Smith v. Stubbert range for general damages. $27,500.00 awarded to the plaintiff of which 80% attributed to the defendants involved in the first accident and 20% to the defendant involved in the second one. Pre‑judgment interest awarded and apportioned in the same fashion. No award for past or future income loss. Special damages for medication and repairs to the plaintiff’s vehicle awarded along with interest and costs.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.