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    Court Rules Brain Injury Not Caused by MVA

    Drodge v. Kozak, 2011 BCSC 1316

    Kelly McCullagh

    Kelly McCullagh

    As a result of a motor vehicle accident, the plaintiff claimed damages for injuries that included traumatic brain injury, spinal injuries and psychological injuries. A vigorous defence was pursued by Kelly McCullagh vis a vis the brain injury claim and following a 10 day judge alone trial, the Court accepted the evidence of defence neurologist, Dr. Teal, and defence arguments that the plaintiff had not suffered a brain injury as a result of the accident. There also was success in respect to the future care claim, with the award reflecting little of the care recommendations made by the plaintiff’s future care consultant.