Supreme Court

Decision Information

Decision Content

 

SUPREME COURT OF NOVA SCOTIA

Citation:  Vogler v. Szendroi, 2010 NSSC 390

 

Date: 20101022

Docket: Hfx No. 192712

Registry: Halifax

 

 

Between:

 

Richard Vogler                                                                                  Plaintiff

 

 

and

 

Christopher Szendroi and Carole Sheehan                                       Defendants

 

 

 

LIBRARY HEADING

 

Judge:                                       The Honourable Justice Gerald R. P. Moir

 

Heard:                                      March 15, 16, 17, 18, 22, 2010

 

Last Written Submissions: April 6, 2010

 

Subject:                                    Damages, personal injuries, brain injury, loss of eye, other injuries; Pain, suffering, loss of amenities; loss of income; Parental care; Prejudgment interest

 

Summary:                                A very intelligent young man made a remarkable recovery from severe brain injuries.  Though still very intelligent, he has serious processing and memory problems.  He was injured before he settled on educational or career goals.  His recovery allows him to hold a good paying job and there is a prospect of higher education, but the problems with processing and memory are serious constraints.

 


Issues:                                       Assessment of non-pecuniary damages, loss of income, parental care damages, and prejudgment interest

 

Result:                                      Non-pecuniary - $150,000.  Loss of income awarded globally without actuarial assistance - $180,000.  Parental care - $15,000.  Prejudgment interest is restricted to six of the ten years between injury and trial.

 

 

 

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