The Adamson v. Charity decision was released by the British Columbia Supreme Court in Victoria on May 14, 2007.

On October 9, 2000, Roger Adamson (then age 42), a home renovator and contractor for Home Depot, was driving his Ford pickup truck when an SUV driven by Donald Charity ran a stop sign and “T-Boned” him at the intersection of Nanaimo and Market Streets in Victoria, B.C. Mr. Adamson’s truck was pushed across the intersection by the force of the collision. It struck the curb, bounced off a boulevard tree and landed on the passenger side door. The emergency crew had to use the “jaws of life” to remove Mr. Adamson from his truck.

Notwithstanding the dramatic accident scene, it initially appeared that Mr. Adamson’s injuries were relatively minor. However, Mr. Adamson hired a Victoria personal injury lawyer and sued Mr. Charity for damages. He claimed that as a result of the accident he developed chronic pain, major depression, and suffered a traumatic brain injury.

At trial, the defence lawyer showed video surveillance which showed Mr. Adamson performing various tasks in 2001 and 2004. He also pointed to the fact that Mr. Adamson was able to perform renovation contracts after the accident. The defence argued that Mr. Adamson did not suffer a brain injury and that his depression and chronic pain could be effectively treated.

At trial, Mr. Adamson’s neuropsychologist testified that his testing showed Mr. Adamson suffered a brain injury because of his cognitive defecits, memory problems, and his lack of ability to manage multiple streams of information under the pressure of time.

The court considered all the medical evidence and concluded that Mr. Adamson had indeed suffered a mild traumatic brain injury. The court also accepted that he suffered from chronic pain syndrome, severe headaches, and major depressive disorder. As a result of these injuries, the court ruled that would remain competitively unemployable for the remainder of his life.

The court awarded Mr. Adamson the following damages:
• $200,000 – General damages (pain and suffering)
• $400,000 – Past lost income
• $925,000 – Future lost earning capacity
• $125,000 – Cost of future care
• $26,875.44 – Special damages

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