McCluskey v. Desilets
Senior Litigation Partner Mike Yawney took this claim to trial in March of 2013. The Plaintiff was a back seat passenger in a vehicle driven by the defendant. The defendant was driving too fast for the road conditions and an accident occurred, including a fatality (one of the Plaintiff’s friends). The defendant denied liability for the accident and the Plaintiff’s claim for damages for the serious injuries he suffered, which included a Mild Traumatic Brain Injury and a displaced fracture in his cervical spine.
Mike was retained shortly after the accident occurred. In pursuing the claim for the Plaintif, accident reconstruction engineers were retained to assist in understanding how the accident occurred. Multiple medical specialists and experts were also retained to assist the Plaintiff in maximizing his recovery from his injuries and to assess the long term consequences of the accident and injuries on his life. As a result of his injuries, the Plaintiff, a young man, was unable to return to his carpentry career path, which had a profound impact on his income earning ability given the 40 plus years of working life he had ahead of him. This was the most significant part of the Plaintiff’s claim given his age and how it impacted his future prospects. The defendant and his insurer refused to acknowledge responsibility for this loss and attempted to suggest that the Plaintiff was fine and was capable of working just as he had before, despite more than one attempt to return to his old job. Vocational and economist experts were retained to assist in understanding this loss and with quantifying it. The trial proceeded before Mr. Justice Steeves in March of 2013 and judgment was rendered on June 26, 2013. Additional judgment reasons were issued separately regarding future care damages the Plaintiff was entitled to.
After a hard fought two week trial and further submissions post judgment on the issue of future care, Mr. Yawney and his team were successful in obtaining judgment against the defendant in excess of $2.2 million.