Leadfoot Lewis is employed with the Charlottetown Courier Services Ltd. Leadfoot delivers courier packages each and every day in the Charlottetown area using his courier van. On Tuesday, December 15, 2017, Leadfoot was travelling on University Avenue. He had just dropped off a delivery at the University and was proceeding towards the downtown Charlottetown core. As he approached the intersection at Belvedere Avenue, he realized that he was late for a delivery. Leadfoot stepped on the gas. As he was looking at his watch, he failed to note that the light had changed colors and had gone from green to red. Leadfoot went through the red light and collided with a vehicle proceeding along Belvedere Avenue. The vehicle proceeding along Belvedere Avenue is owned and driven by Fairly Hurt. Fairly Hurt sustained a very serious brain trauma as a result of the accident. She was not wearing her seatbelt at the time of the accident.

Because of the brain trauma, Mrs. Hurt had to miss work for a period of six months. She was not paid during her period of convalescence. Almost two years have passed since the date of the accident and Mrs. Hurt still feels some of the effects. She has headaches which she never had before, which are occurring on a daily basis. Once these headaches occur, she takes medication. The doctors have indicated that her headaches will probably not get any worse but that they will not get much better. Sometimes the headaches become so severe that she must stay home from work. This will happen about once a month.

Mrs. Hurt has come to you for advice. She is contemplating taking legal action against Leadfoot Lewis and Charlottetown Courier Services Ltd. Explain whether she would be successful in her claim against either or both parties. If she decides to make a claim, explain what type of damages she might expect to receive.