The Kassian v .Roy court case was released by the Alberta Court of Queen’s Bench in Edmonton on February 6, 2008.

On December 4, 2002, Christian author and motivational speaker Mary Kassian was in a car with her family when another car suddenly turned left in front of her vehicle causing a collision. Mrs. Kassian, who was sitting in the front passenger seat, was thrown forward, hit her head and was then thrown back into the seat, hitting the headrest. She complained to her husband of pain in her neck and down her back, and she was in tears.

When the police arrived at the accident scene, Mrs. Kassian declined any assistance from an ambulance and called her brother who attended at the scene and took her home. Two days later she visited her doctor complaining of sharp, stabbing pain in her neck area. She also complained of frontal headaches as well as a headache on the top of the skull which had been continuous since the accident. She also complained of mid-back pain, and discomfort in her lower back. Her doctor also identified bilateral stiffness over the temporomandibular joints ["TMJ"].

Her doctor ordered x-rays which showed mild degenerative spondylosis with mild disc space narrowing at T12-L1. The cervical x-rays showed slight straightening of the cervical lordosis with limitation of the flexion and extension of the cervical spine, which reflected para-spinal muscle spasm.

Mrs. Kassian hired an Edmonton law firm and sued the driver of the other vehicle for her injuries.

At trial, she testified that she experienced the following as a result of the accident:

• jaw pain and discomfort, particularly when she fails to use her splint;
• upper back pain and stiffness, particularly around her shoulder blade;
• lower back pain when she sits or stands for extended periods;
• neck discomfort when looking downwards; and
• daily headaches.

She also testified that the injuries had a dramatic effect on her ability to work and noted that there was a significant risk that the evidence she provided may have been fabricated, or exaggerated. However, the court accepted that the accident caused a TMJ dysfunction and aggravation of muscular discomfort and a pre-existing facet arthritis condition.

The court also found Mrs. Kassian had prolonged and aggravated the effect of the injuries by failing to consult the appropriate medical experts – specifically, failing to follow the advice of orthopaedic specialists. Thus, the court reduced the damages awarded by 22%.

The court awarded Ms. Kassian the following damages:

• $40,000 for pain and suffering
• $19,444.44 for past lost income
• $10,592.21 for out of pocket expenses
• $3,044 special damages
• Loss of housekeeping damages

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