Canada: Where Rational Tort Law Goes to Die

     Before the August 2008 car accident, Alissa Afonia’s teacher described her as a very bright student, in the top two percent of her media-arts high school class who dreamt of being a filmmaker or actress. After the accident she became a different girl and ended up working as a dominatrix. She showed no impulse control, could not carry through on tasks, became isolated and began to have outbursts and make inappropriate sexual comments…

     Justice Joel Grove of the British Columbia Supreme Court, after presiding over Afonia’s 2014 personal injury lawsuit, awarded the plaintiff $1.5 million in damages. In so doing, the judge noted that the pre-accident Afonia was “in some ways a typical girl, in some ways an atypical girl, someone who described herself as a ‘goth girl’ with “artiste presentation. But all that changed in the wake of the motor vehicle accident.”

     Afonia, who was about to enter 12th grade, was a passenger in a vehicle driven by her mother’s boyfriend. Her mother and brother were also in the car. The driver’s Toyota ended up in a ditch. The judge concluded the civil suit defendant was driving too fast under the conditions and was therefore negligent.

     Lawyers for the plaintiff argued that her decision to begin working as a dominatrix showed a lack of “correct thinking” and was proof she’d taken an unnecessary risk due to a loss of cognitive function from a moderate traumatic brain injury…According to her lawyer, without the injury, she’d have been capable of earning a two-year college or university degree.

     The judge’s damages included $825,000 for “future capacity loss,” $376.000 for cost of future care, $300,000 for pain and suffering and $23,000 for special damages…Afonia’s mother suffered a mild traumatic brain injury as well and was awarded more than $943,000 in damages….

“Student-Turned-Dominatrix Awarded $1.5 Million After Car Accident,” nationalpost.com, January 29, 2015

     Before the August 2008 car accident, Alissa Afonia's teacher described her as a very bright student, in the top two percent of her media-arts high school class who dreamt of being a filmmaker or actress. After the accident she became a different girl and ended up working as a dominatrix. She showed no impulse control, could not carry through on tasks, became isolated and began to have outbursts and make inappropriate sexual comments...

     Justice Joel Grove of the British Columbia Supreme Court, after presiding over Afonia's 2014 personal injury lawsuit, awarded the plaintiff $1.5 million in damages. In so doing, the judge noted that the pre-accident Afonia was "in some ways a typical girl, in some ways an atypical girl, someone who described herself as a 'goth girl' with "artiste presentation. But all that changed in the wake of the motor vehicle accident."

     Afonia, who was about to enter 12th grade, was a passenger in a vehicle driven by her mother's boyfriend. Her mother and brother were also in the car. The driver's Toyota ended up in a ditch. The judge concluded the civil suit defendant was driving too fast under the conditions and was therefore negligent.

     Lawyers for the plaintiff argued that her decision to begin working as a dominatrix showed a lack of "correct thinking" and was proof she'd taken an unnecessary risk due to a loss of cognitive function from a moderate traumatic brain injury…According to her lawyer, without the injury, she'd have been capable of earning a two-year college or university degree.

     The judge's damages included $825,000 for "future capacity loss," $376.000 for cost of future care, $300,000 for pain and suffering and $23,000 for special damages…Afonia's mother suffered a mild traumatic brain injury as well and was awarded more than $943,000 in damages….

"Student-Turned-Dominatrix Awarded $1.5 Million After Car Accident," nationalpost.com, January 29, 2015

from http://jimfishertruecrime.blogspot.com/