Accident $12.45 million new trial

Canadian Insurance reports that the B.C. Court of Appeal has ordered a new trial for a North Vancouver woman. Micheline Ciolli was awarded $12.45 million in damages for soft tissues injuries. These injuries were from three separate car crashes. Soft tissue injuries are more minor and this is what makes this type of award unusual.

Ciolli had an accident back in September 2003 at the Pacific National Exhibition (PNE) when a bookcase fell on her. Now the three car crashes between December 2006 and April 2008 have left her in a state of constant pain. She stated at trial that she is depressed and that her energy level, mood, sleep patters and concentrated have affected her ability to function as a successful businesswoman.

The following awards were given to the plaintiff by the jury in the original trial:

  • Non-pecuniary loss: $6,500,000.00
  • Loss of future income earning capacity: $5,600,000.00
  • Cost of future care: $335,000.00
  • Special damages: $16,000.00
  • Total: $12,451,000.00

The jury adjusted the non-pecuniary loss award to $327,000 because it was intended to be in the upper limit and the original $6.5 million award far exceeded this limit.

The courts are going back to trial to review the evidence and determine if the original award is justified. To read the full judgment, click here.