In Carmichael v. Kwon, the Plaintiff was injured in two motor vehicle accidents, and consequently advanced ICBC claims for both. The actions were consolidated at trial, and liability was admitted by ICBC’S lawyer on behalf of both Defendants.
In the first accident, which was the more serious of the two, the Plaintiff suffered a variety of soft tissue injuries, including to her neck, back, and shoulders. As well, she suffered a serious hip injury, which was later diagnosed as a torn labrum, chronic synovitis (inflammation of the lining of the hip joint), and early degeneration (loss of the cartilage covering the joint surfaces). The Court also accepted the Plaintiff’s expert medical evidence that the Plaintiff’s hip would continue to deteriorate until such time that she had a hip replacement. The Court further noted that the Plaintiff would likely require three hip replacements in total throughout the rest of her life.
Based on the report of an occupational therapist, counsel for the Plaintiff advanced a large claim in regards to the Plaintiff’s impaired capacity to perform homemaking duties in the future, mainly due to the physical limitations and restrictions she would have to endure prior to and after the hip replacement surgeries. Further, a nanny would be required as well at certain times.
The Court awarded $112,000.00 to the Plaintiff for impaired capacity to perform homemaking duties in the future.
[149] The plaintiff claims that for the first twenty years, the plaintiff will require part time homemaker support for 17 years and a full time nanny who would provide homemaking and child care support for 2 years. She also seeks child care support for 7 years after her return to work; for 1 year after the first hip surgery; and for the next 20 years ongoing homemaker support and support following the second and third surgery. The plaintiff relies on the report of the occupational therapist who recommends extensive child care support for the plaintiff based on the reports of Dr. Duncan and Dr. Jaworski. The total homemaking and childcare support claimed is $249,513.
[152] In my view, this is a proper case for an award for the plaintiff’s future costs related to her impaired capacity to perform homemaking duties. It is not disputed that her capacity to perform such duties will become increasingly and substantially restricted until after her first surgery and then again prior to her subsequent surgeries. I accept the opinion of Dr. Duncan that she will become more and more immobile to the point that she will require walking aids prior to the hip replacement surgeries.
[153] The defendants’ estimate of her future homemaking costs is reasonable, although it does not account for the assistance required for her third hip replacement.