In the decision of Douthwright v. Duffy, 2015 NBQB 224, the 43 year old Douthwright was injured in a serious roll-over accident. Liability was admitted, but the parties differed on damages. Douthwright alleged the accident caused soft-tissue injuries, chronic pain, traumatic brain injury (TBI), PTSD, sleep problems, and worsened her pre-existing headaches, anxiety and joint pain. Relying on Athey v. Leonati, [1996] 3 S.C.R. 458, she argued the accident materially contributed to her injuries, claiming $823,323 in damages ($150,000 in general damages, $143,140 for past loss of homemaking capacity, $388,351.00 for future loss of homemaking capacity, and $141,832.00 for cost of future care).
Serious and Temporarily Disabling Injuries Satisfy Definition of Minor Personal Injury
December 2016
Cox & Palmer, New Brunswick

