What is the range of damages for damages for an infant plaintiff who lost his sight as a result of an operation for retinal detachment?
Manitoba, Canada
The following excerpt is from Rajotte v. Winnipeg (City), 1988 CanLII 5710 (MB QB):
Based on these authorities, it would seem to follow that there should be some discount in the award of damages to the infant plaintiff, on the assumption that the retina would have detached anyway, and the defendant's tort only accelerated that event. However, this is not quite the same type of case as Cutler v. Vauxhall Motors where it was shown that the operation would inevitably have occurred because here, although the detachment of the retina probably would have occurred, it cannot be said that loss of sight would inevitably have followed. Therefore, the reduction in damages here should not be as great as in a case similar to Cutler v. Vauxhall Motors.
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