The Willeson v. Calgary (City) court decision was released by the Alberta Court of Queen’s Bench in Calgary on February 9, 2007.

On June 7, 2002, Shelley Willeson was walking in a cross-walk when she was suddenly hit by a Calgary city transit bus. She was sent to the ground and her head struck the pavement but she did not lose consciousness. Paramedics arrived and discharged her as being alright.

Very soon after the accident Ms. Willeson experienced pain in her neck and shoulders, jaw pain, laceration to her arm where she fell and a variety of different headaches. She also suffered some residual effects from the head blow, causing her to be somewhat confused and disoriented at work, as well as some level of vertigo.

Ms. Willeson hired a Calgary injury lawyer and sued both the bus driver and the City of Calgary for the injuries she suffered.

At trial, the defendants admitted liability for the accident but disputed the severity of Ms. Willeson’s injuries.

After reviewing all the evidence, the trial judge was satisfied that Ms. Willeson’s injuries as a result of the accident included post-concussive syndrome, injury to her jaw, headaches, soft tissue injury to her neck, shoulders and upper back. She was also diagnosed with chronic myofacial pain syndrome.

The court noted that while the majority of Ms. Willeson’s symptoms resolved within nine months there was some residual pain that continued for a period of time until she received appropriate treatment.

The court awarded Ms. Willeson the following damages:

• $20,000.00 for WAD Grade 2 whiplash disorder
• $10,000.00 for post-concussive syndrome, whose effects lasted of nine months and caused objective signs of minimal cognitive impairment
• $15,000.00 for the TMJ injury, which required splint treatment and minor splint adjustments for a period of 15 years
• $2,879 – special damages
• $2,790 – cost of future care
• $15,000 – loss of opportunity damages

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