Aviva Insured Found Liable to Pay Damages of $2.4 Million
Justice has been achieved for Will Davidson LLP client, Jon Graul, when he received the good news that Justice Lemon had assessed his claim for damages arising from a car crash in 2017 at over $2,400,000. The defendants’ best pre-trial offer was $350,000 which forced the five-week trial in November and December 2021. When Jon was told about the result his first comment was I hope this makes it easier for other accident victims to be properly compensated. Jon Graul had sat through the five-week trial and every single day the team of lawyers hired by Aviva Insurance attacked his credibility. Jon Graul, you are a class act who has been vindicated. It was an honour to have represented you in this case.
Full trial decision can be found at this link.
According to lead counsel, Gary Will, there are four factors that led to this judgment for their client:
- Jon Graul was an absolutely credible and honest person;
- The eight lay witnesses who testified at trial were instrumental in describing the character and work ethic of Jon Graul and the devastating impact of Jon’s injuries on his ability to work or live a normal life;
- The defence witnesses who testified that Jon did not sustain a traumatic brain injury were not credible. Justice Lemon said the following about the neurologist and neuropsychologist called by the defence:
“Trial judges will always need expert evidence in some areas. Those exceptional individuals who assist the courts need to be paid. But they also need to understand their role is to assist the court, not the party who pays them. I encourage Dr. Freedman and Dr. Mitchell to focus their exceptional medical knowledge and experience on the patients that need them and to forego this well paid role. If they intend to carry on this line of work, I recommend that they familiarize themselves with the principles of expert evidence set out in R. v. France. Where their evidence conflicts with other expert evidence, I reject their evidence.”
- A trial is always a tremendous amount of work. Will Davidson LLP and the Kahler Law Firm combined their resources to ensure that Justice Lemon had the necessary evidence and submissions in support of the Judgment. There was a team of four lawyers and five paralegals who worked around the clock during the five-week trial.
Congratulations again, Jon Graul. We hope that Aviva Insurance quickly pays the Judgment so that you can put this chapter of your life behind you and you and your wife can plan the rest of your life.