Saadati V Moorhead et .al.: Mood and Personality Changes

In Saadati v. Moorehead (July 21, 2014 – Supreme Court Docket M072885), the Plaintiff was injured in a motor vehicle accident in July 2005, following which his mood and personality significantly changed.   A few months later he was involved in a second significant accident while working as a truck driver and suffered a moderate traumatic brain injury, for which he received WCB benefits.  Several years later he tried to return to work as a truck driver, but again suffered another brain injury and went off work permanently on a WCB pension.   The Plaintiff became incompetent as a result of the last accident.  The Defendant in the July 2005 accident argued that it was only responsible for causing the Plaintiff a minor soft tissue injury.   Dairn Shane took the case to trial in December 2012, arguing that the Plaintiff had in fact suffered an injury which had radically changed his life in the July 2005 accident, and should receive damages commensurate with that.   The trial was complicated by difficult evidence issues, as the Plaintiff was unable to testify as to how he felt following the July 2005 accident, and much legal argument was made over what use the court could make of clinical records and statements made by the Plaintiff to others about his medical condition following the July 2005 accident.   Following a difficult trial the court accepted that the Plaintiff had indeed suffered a psychological injury in the July 2005 accident which had significantly impacted his life, and awarded him $100,000.00.