[1] Following a seven-week motor vehicle personal injury trial, the jury returned a verdict in the plaintiffs’ favour in the total sum of $2,309,413.
[2] The plaintiff Chad Cadieux suffered a fractured skull, brain damage and orthopaedic injuries when run over by a truck in September of 2006. He and the defendant Eric Saywell were pedestrians, engaged in a confrontation on or near the shoulder of the road when Mr. Saywell pushed Mr. Cadieux in the direction of the road and Mr. Cadieux stumbled onto the road and was hit by an oncoming truck.
[3] The jury apportioned liability for the accident as follows: 1/3 against the plaintiff Mr. Cadieux by way of contributory negligence, 1/3 to the defendant Mr. Saywell, and 1/3 to the driver of the truck (with whom the plaintiff had settled three years before trial).
[4] This motion is brought to determine the necessary adjustments to the jury award in order to permit the Court to enter judgment for the plaintiffs in the correct amount, and to determine costs in accordance with Rule 57 and Rule 49 (settlement offers) of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194. It will be necessary to consider the following issues:
(1) Reduction of the jury award for statutory deductions;
(2) Application of pre-judgment interest;
(3) Reduction of the jury award for collateral benefits (specifically, statutory accident benefits) received;
(4) Management fee; and
(5) Costs of the action, including consideration of Rule 49 offers