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.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.