Tort; Negligence; remedies; damages; quantification of damages.
Facts: The plaintiff, a 20-year-old woman, was a trained and experienced secretary with bright prospects. She had begun a two-year college course and had been top student in her first year. She planned to marry a fellow student and resume work after her studies. However, she was seriously injured in a car accident. Her brain stem was damaged and she was unconscious for nearly a month. She became a quadriplegic and suffered from trauma-induced epilepsy. Her brain injury caused severe breathing problems and an injury to her larynx caused an almost total loss of the ability to speak. These injuries were permanent. The trial judge ordered the defendant to pay damages of just over $300,000. The defendant appealed to the High Court, claiming the damages were excessive.
Issue: Were the damages awarded excessive?
Decision: In a majority decision, the High Court held that the award of damages should be reduced to approximately $270,000.
Reason: The High Court considered the full range of losses for which the plaintiff was claiming compensation. For example, the plaintiff needed ongoing intensive nursing and medical treatment. She had completely lost her earning capacity, the future enjoyment and amenities of her life were impaired, her life expectancy was substantially reduced and she would continue to experience severe pain and suffering. Nevertheless, the High Court considered that the damages calculated by the trial court were excessive and should be reduced.