TransactionsCassels Brock Personal Injury Lawyers Help Brain Injury Victim Secure $5.3 Million in DamagesPublished: 10/21/2011 By J.B. Peikes In a ground breaking jury decision the Cassels Brock personal injury team, led by Michael Shannon and including J.B. Peikes, convinced a jury to hold the driver of a rear-ended vehicle partially responsible for damages following a pedestrian traffic accident that left a 72-year old man with severe brain damage. On September 3, 2008, the man was waiting to cross eastbound on Victoria Park Avenue at Cassandra Boulevard when a five-tonne truck rear-ended a car, causing the car to travel across the intersection and strike the victim. The truck driver was found guilty of negligence and at a jury trial the driver of the car was also found partially at fault and is required to pay 20% of the total damages, which were awarded at $5.3 million. It is extremely rare for a driver of a rear-ended vehicle to be found at fault for personal injury damages. The accident left the man incapacitated and requiring around-the-clock care for the rest of his life. “The victim was a vibrant man, in better shape than most people half his age,” said Mr. Shannon. He added: “This accident may have been avoided if the driver of the car, a G2 license holder, was more familiar with the ‘rules of the road’.” According to the jury, the driver of the car was negligent because she was too far forward into the intersection to make her right turn properly or safely. “The police accident reconstructionist testified that she found it “odd” that the driver would attempt a turn from that position,” stated Mr. Shannon. To read the Law Times article, published October 31, 2011, please click here. |