Damages for Arm Fracture

The decision of Cornwall v. Al Bloushi, 2022 ONSC 6388, involves an undefended trial in a personal injury action.

The plaintiff was 69 years old at the time of a slip and fall accident.  She sustained a humerus fracture of her right arm.  Surgery was not performed.

The plaintiff has ongoing stiffness of the shoulder.  A medical doctor stated that this is a common consequence of humerus fractures.  In addition, the doctor said that the plaintiff would likely not regain full range of motion.

The plaintiff sought non-pecuniary general damages of $100,000 to $125,000, relying on prior case law.  However, the plaintiff conceded that these cases involved situations where surgery was required.

Justice Mitchell accepted that the plaintiff now has reduced strength and range of motion in the right arm, as well as stiffness, and that such impairments are permanent.

The plaintiff testified that she has difficulties with several activities.  However, Justice Mitchell stated that the plaintiff could use her left hand, instead of her right hand, for many of these activities.

Justice Mitchell awarded non-pecuniary general damages of $65,000, as well as damages for income loss, out-of-pocket expenses, and a subrogated claim by OHIP.