Bauer v Clay

Bauer v Clay is a case where the plaintiff was involved in a motor vehicle accident and sought damages for personal injury. The defendant contested whether the plaintiff suffered any injury and the extent of any damages resulting from the accident. The court was tasked with assessing the credibility of the evidence provided by both parties, including expert medical opinions and observations by the plaintiff’s employer. The central issue was determining the nature and extent of the injuries sustained by the plaintiff and attributing those injuries to the motor vehicle accident.

The court evaluated the medical evidence presented by Dr Mackenzie and Dr Journeaux, two orthopaedic surgeons who examined the plaintiff at different times. Dr Mackenzie assessed an 8% impairment of the cervical spine, while Dr Journeaux initially opined that the plaintiff’s injuries were work-related but later revised his opinion to include a diagnosis of a musculoligamentous injury caused by the accident. The court accepted the evidence of Dr Mackenzie and the revised opinion of Dr Journeaux, concluding that the plaintiff suffered a soft tissue musculoligamentous injury to his cervical spine as a result of the motor vehicle accident. The court determined that this injury warranted an 8% whole person impairment rating.

The court further assessed the plaintiff’s claim for damages. It allowed $4,000 for future special damages, representing the full amount of physiotherapy costs and half of the travel expenses claimed. The total award was quantified at $602,008.14, which included general damages for the cervical spine injury and past economic loss. The court made a final order granting judgment to the plaintiff against the defendant for the awarded amount.