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A Brain Court Decision
Brain/Spinal cord injuries
- Mr. Joseph Calahasen sustained several facial lacerations to the face and head, bruising and abrasions to the body, fracture of the left zygomatic arch, left maxillary sinus, and complete opacification of the left maxillary atrum, and significant soft tissue swelling over the left temporal area as well as cortical contusions involving the cerebral cortex underlying the vertex, resulting in surgical repair, as a result of the assault on February 9, 2003. His self reported limitations include pain in face, migraines, pain in lower back, hips, legs, and forearms, decreased senses (touch, taste, and smell), anxiety, photophobia, difficulty with near vision, difficulty with memory and processing skills, as well as route finding. These symptoms coupled with clinical observations and results of the FCE are consistent with the medical reports reviewed. As a result of the assault he was unable to complete most instrumental activities of daily living. His limitations include that of activities involving multiple step instructions, route finding, a high level of judgment or fast processing speed, as well as short term memory. FCE functional demands identify that Mr. Calahasen is safely able to work within a light level of work. However one must take into account his cognitive deficits even if the task only involves a light level of work. His physical and cognitive deficits prevent him from completing his customary roles (including paid and unpaid work) and enjoying activities he did prior to the accident. His reported limitations and abilities were consistent with the medical reports reviewed and the results of this evaluation. Calahasen was awarded $7,690.00 representing his travel costs for medical attendances to and from his home. Calahasen was awarded interest pursuant to the Judgment Interest Act, R.S.A. 2000 c. J-1 save and except for the award based on past and future loss of earnings. Calahasen was awarded his taxable costs and disbursements pursuant to Schedule C of the Alberta Rules of Court. Finally it must be recognized again that the total damages award of $1,084,820.90 against Cardinal and Auger on a joint and several basis was reduced by the funds received pursuant to the settlement agreements between Calahasen and the Northland School Division No. 61 and Candace Cardinal and Joseph Cardinal.
- Owen A. Lewis appeared for the Plaintiff.
- Please note that the outcome of each case depends on the particular facts. The amounts awarded will vary accordingly. For example, Iginla & Company, represented the Plaintiff in Cardinal v. Pettyshield, In that case the Court of Queens Bench awarded $4.3 million dollars to the Plaintiff.