Damages for Foot Injury

The case of Raskin v. Stepanyan, 2022 ONSC 6247, involves an undefended personal injury trial.

The plaintiff was involved in a trip and fall accident.  She was 64 years old at the time of the accident. She sustained a fracture of the fifth metatarsal on the right foot.  She wore a boot-style cast for six weeks.

The plaintiff’s family physician stated that the plaintiff suffers from chronic pain syndrome in her right foot and ankle, which will likely always remain.

The plaintiff retained an orthopaedic expert who likewise concluded that the plaintiff suffers from chronic pain syndrome.  The expert also said that the plaintiff will likely continue to require therapy and/or medication on an ongoing basis.  Further, the expert stated that the plaintiff is unable to perform housework and has been unable to continue working at her former job as a cook.

Justice Morgan assessed non-pecuniary general damages at $35,000 and also awarded the plaintiff damages for medical and rehabilitation treatment, housekeeping services, and past wage loss.