The case of Gaughan v Egersema, dated September 7, 2023, involved a collision that occurred between the plaintiff, Sile Gaughan, and the defendant. This collision had resulted from the defendant running a red light at an intersection and entering the plaintiff's path. Fortunately, the plaintiff had managed to avoid a severe collision by braking hard, causing minor damage to her vehicle. However, she had begun experiencing hip discomfort and soft tissue injuries in the years following the accident. She was later diagnosed as a torn labrum. This diagnosis had led to her leaving the forest industry and retraining as an education assistant. Gaughan had sought damages of approximately $1 million from the defendant, who had admitted negligence but denied a direct link between the accident and Gaughan's injuries or loss of earnings.
The court had ultimately found that the accident had caused Gaughan's torn labrum and had disrupted her life trajectory. However, a negative contingency deduction of 40% (30% during the pre-trial period) had been applied to account for various possibilities affecting the assessment of damages. As a result, Gaughan had been awarded damages totaling $454,219.55.