A wild house party and out of control gatecrashers caused the injuries in Pallos v. ICBC, a 1995 decision of our Court of Appeal. The plaintiff in that case suffered a fractured right tibia and fibula, resulting in one leg being shorter than the other and chronic pain in his right knee. He was 34 at the time of the trial, with a grade 11 education, and was used to doing heavy labour throughout his working life. Following his injuries, it was found that he tired more readily than before, in addition to the chronic pain. He was earning more after the injury than before. The court repeated the four factors to be taken into consideration when valuing the lost asset, set out in the above quote from Rosvold v. Dunlop.
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