Gordon v McKenzie

The plaintiff in this matter, Gordon, brought an action against the driver of a motor vehicle, McKenzie, and the insurer, seeking damages for injuries sustained in a motorcycle accident. The plaintiff, who was a pressure welder, was struck by the defendant’s vehicle while riding his motorcycle. The collision resulted in a severe injury to the plaintiff’s left foot. The plaintiff returned to work following the accident but ultimately ceased employment due to the ongoing pain in his foot. The court was required to assess the plaintiff’s future economic loss and his potential to continue in his employment as a pressure welder.

The primary legal issue before the court was the assessment of the plaintiff's future economic loss. The court had to consider the extent of the plaintiff's injuries and their impact on his ability to continue working in his previous employment. The plaintiff argued that he was unable to perform the physical demands of his job due to the pain and impairment in his foot, and therefore, he was entitled to damages for the loss of future earnings. The defendant contested the extent of the plaintiff's injuries and their impact on his employment prospects, arguing that the plaintiff could have continued to work with some modifications.

The court considered the evidence presented by both parties and concluded that the plaintiff's injuries were significant and had a substantial impact on his ability to continue working as a pressure welder. The court found that the plaintiff's pain and impairment were such that he could not reasonably continue in his employment, and therefore, he was entitled to damages for the loss of future earnings. The court also considered the decision in McGrath v NRMA Insurance Ltd, which provided guidance on the assessment of future economic loss in personal injury cases. The court awarded the plaintiff damages in the sum of $301,091.00.