Examination in Chief of Plaintiff

Course: BCTA 307 Advocacy

Student: Vaishali Fernandes Professor : Michael Bader Student Number: 820-273-993

A. General/Background/Professional Details
1. What is your full Name? James Smith 2. What is your full address? 22 Vogue Crescent, Brampton, Ontario L5M 6Z9 3. How long have you lives at that address? 5 years 4. How long have you lived in Brampton? 5 years 5. What is your date of birth? March 25, 1971 6. Are you presently employed? Yes 7. What is your current occupation? I work in an office as accountant. 8. How long have you worked at the job? Last 7 years 9. What is the highest level of education you have achieved? Business Administration.

B. The Motor Vehicle Collision

Scene

10.

On September 15, 2009 you were involved in a motor vehicle collision correct? Yes

11.

Do you remember the time and on what day of the week the collision occurred? Tuesday, September 15, 2009 at 8:45 a.m.

12.

Where did the accident occur? At the intersection of Main Street and Queen Street.

13.

Where were you coming from? I was going to work.

14.

What road were you proceeding on? I was driving south on Main Street.

15.

What was the road condition? Wet and slippery.

16.

What was the weather condition? It was raining.

17.

What was visibility like? It was otherwise visible, but raining.

18.

What is the speed limit on Main Street. 50 kms

19.

Where your headlights and windshield wiper activated? Yes.

20.

Were you wearing your seatbelt?

Yes. 21. Had you ever travelled over the area where the accident occurred? Yes, this road is daily route to work. I live around this neighborhood. 22. What was the year, model, make of the car you were driving? Toyota, Corolla, 2006. 23. Had you experienced mechanical difficulties with your vehicle from the time of purchase up to the date of the accident? No my car was in good order. 24. Where you holding a valid Ontario drivers license at the time of the accident? Yes since last 15 years. The Collision 25. How many lanes were there on Main Street southbound and north bound? 3 lanes each direction and 2 left lanes 26. Was there a median? Yes to my left 27. Is the intersection controlled? There are traffic lights which control the intersection and left turn has special traffic lights for left turn only. 28. What lane were you in immediately prior to the collision? Middle lane going south.

29.

What was traffic like on Main Street? Traffic was slow

30.

What happened next? I came to the intersection and the traffic light was green. I proceeded into the intersection. The cars in front of me stopped and I had to stop. I was almost into the intersection and traffic light turned orange.

31.

Did you observe the vehicle that struck you? No, I was looking ahead to move my car as soon as possible.

32.

Where was his vehicle? He came all of a sudden in the intersection.

33.

Did you observe where he was going? No, I think he was going west on Queens Street.

34.

Did the defendant Mr. Jones sound his horn or take any evasive action prior to colliding with your vehicle? It was so sudden, I really did not what happened.

35.

How would you describe the force of the impact? It was very hard. There was a big sound.

36.

Did the air bags deploy? Yes.

37.

What damage was done to your vehicle? It was T-boned, entire passenger side was dented.

38.

How much damage was estimated for your vehicle?

I did not know first, later couple of body shop said that it would cost me in or around $4,000.00 39. Did you see whether Mr. Jones car sustained ay damages? Yes his front was damaged. 40. After your vehicle came to rest, what did you do then? I was shocked inside. I was just sitting inside. 41. Did any of your body parts strike the inside of the car? Yes me head hit on the window, and my neck hit the head rest. 42. Did you speak to the defendant Mr. Jones? No I did not talk with him. 43. Did you speak to anyone else? There were pedestrian at the intersection. One came to help me out of the car. 44. Do you know whether there were any other people in the car with Mr. Jones? Yes he was alone on his cell phone. 45. Were the police called? Yes 46. Who called them? I dont remember who called. 47. What did the police officer do at the scene? They came and made a report, spoke to both of us. 48. Did you speak to the officer?

49.

Did you speak to the police? Yes

50.

What did the police officer say to you? He asked me how I feel and made report of what happened.

51.

What did you feel following the impact? I was dizzy and shocked.

52.

Did an ambulance attend at the scene? Were you treated by paramedics? Yes ambulance was called.

53.

Did you go to the hospital? Yes

54.

What hospital did you go to following the collision? Brampton Civic Hospital.

55.

How did you get to the hospital? Ambulance took me to the hospital.

56.

What were all your injuries at the time you arrived at the following the collision? Sprain, strain muscle, whiplash

57.

What did the doctor recommend? Doctor told me go for Physio and Rehab and prescribed painkillers.

58.

Where did you attend physiotherapy? Physio First in Brampton.

59.

How long were you in physiotherapy? 4 months

60.

What type of treatment did you get? Massage, exercise, heat packs.

61.

Was the physiotherapy useful? Very useful.

62.

How do you feel now? I am much better now.

63.

How was the vehicle moved from the scene of the accident? It was towed.

64.

Where was the car taken? Brampton Auto Body Shop.

65.

Was the vehicle fixed? Yes

66.

How much did it cost to fix your car? $3,348.78

67.

Did you take time off work after the accident? No I was able to return on part time for 3 weeks and returned to full time after that.