SMR lawyers David Eleff and Jennifer Crosman were counsel for Mr. Harry Hachey, a single father and hardworking professional driver in the film and television industry who was injured in a motor vehicle accident. He sustained a concussion and post-traumatic headaches as well as other associated difficulties which had become chronic by the time of trial.
The Court found that the accident caused Mr. Hachey to lose his independence as well as his resilient can-do attitude towards work and life. The Court acknowledged that although he could still work, his pride and enjoyment of his job had been significantly diminished. The Court found that due to the accident, Mr. Hachey has become socially isolated and now must rely on his son for both care and social interaction. The Court accepted medical opinion that Mr. Hachey’s prognosis for recovery was poor.
Vocationally, the Court found that Mr. Hachey would continue to be unable to meet the demands of his pre-accident driving role within the industry and was no longer fit to pursue a promotion he had set target on prior to accident. The Court awarded Mr. Hachey loss of earning capacity to age 70 and in doing so rejected the Defendant’s argument that he would have retired by age 65.
The Court ultimately agreed with the Plaintiff and awarded $965,000 in total compensation.
The full reasons for judgment can be found here.