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Case Details

Gardner v. Hann

Mar 30, 2012

In this 2012 2 month personal injury jury trial, Mr. Shekter was successful in obtaining a $2.2 million jury verdict on behalf of a 16 year old injury young who was 23 years old at the time of the trial including a $112,000 verdict on behalf of her mother. The case created a new category of damages for the uninjured family members - in this instance, the mother’s Family Law Act claim. It was based on evidence that the Mother had to keep on ‘stand-by’ to be available to her daughter who had increased difficulties as a result of the accident. The damages awarded for future loss of income were based on the theory, accepted by the jury,  that because of the accident the plaintiff would no longer be able to become a school teacher. Mr. Shekter was also successful in obtaining a costs award of approximately $800,000 which increased substantially the plaintiffs’ net recovery in the case. The defendant appealed the verdict but abandoned the appeal.

The trial judge, Madam Justice Darla A. Wilson, remarked in her reasons awarding substantial costs in favour of Mr. Shekter’s client, “Mr. Shekter was extremely well-prepared throughout the trial and the success of his work is reflected in the jury verdict”.

Decision

* Past results are not necessarily indicative of future results. The amount recovered will vary according to the facts of the individual cases.

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Richard and Alden, are without a doubt, a pleasure to work with. When a car accident tragically took my parents, the tragedy was multiplied by the fact that my parents cared for my mentally handicapped brother, Mike. While I was busy making new living arrangements, and dealing with estate and guardianship issues, Richard and Alden took the reins, and charged forward to protect my brother’s future.  It was critical to get Mike the largest settlement possible. Not unusual in Down Syndrome kids, Mike started to show signs of early onset Alzheimer’s during this process, causing more concern for his future wellbeing and security. This laid more financial burden on myself by causing me to take a leave of absence from work, and eventually to hire a live-in caregiver. All the while, Richard and Alden plugged away taking care of matters with minimal phone calls and visits to the office. Everything was carefully explained, and Richard was beside me, whether dealing with the insurance company, talking to annuity specialists, or dealing with my own investment bankers. In the end, the settlement was finished in a timely manner, with some money to relieve my financial burden, but more importantly, enough money to ensure that Mike can keep his current standard of living and remain financially independent well into the future. It took an enormous amount of pressure off me, and I can never thank Richard and Alden enough for all they did. For the time that I’ve known Richard and Alden, I’ve found them to be honest, reliable, hardworking, conscientious, and courteous.

I would highly recommend this firm to my family, and have in fact recommended them to a close friend.

David Jenkins

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