Court not persuaded that manner in which trial judge charged the jury warranted new trial
REMEDIES - DAMAGES - PRACTICE AND PROCEDURE
Appellant plaintiff was injured in a motor vehicle accident. Driver of the other vehicle was uninsured, so plaintiff’s own insurer, respondent E Company, defended action as uninsured motorist carrier. Following eight-week trial, jury returned verdict of about $186,000, including pre-judgment interest, an amount significantly less that defendants’ pre-trial settlement offer of $500,000, plus costs. Once the damages, pre-judgment interest, and the costs awarded to defendants were set off against costs trial judge awarded to defendant, plaintiffs recovered nothing and owed defendants further $22,406.37 in costs. Plaintiff appealed. Appeal dismissed. Plaintiffs’ trial counsel made no objection to the manner in which trial judge summarized Dr. F’s evidence. Court was not persuaded that Dr. F’s response or manner in which trial judge charged the jury in relation to Dr. F’s evidence warranted new trial.
Gopie v. Ramcharran (2019), 2019 CarswellOnt 7520, 2019 ONCA 402, Alexandra Hoy A.C.J.O., David Watt J.A., and B. Zarnett J.A. (Ont. C.A.).
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