Marcoccia v. Ford Credit Canada

2009 ONCA 13; On behalf of a young man who sustained a catastrophic brain injury in an automobile accident, Lerners successfully responded to an appeal of the largest assessment of damages for future care costs in Canadian legal history – $13.9 million (subject to a 39% discount for contributory negligence). The appeal focused on the unprecedented size of the assessment and whether the jury’s allocation of fault between the two drivers was reasonable.