• Use the CanLii website link on G2 to research cases in the Supreme Court of British Columbia that are similar to the Dryden case. Use the key words: "loss of eye" or "loss of complete vision with facial scarring" in the site's search engine.
• The age of the Plaintiff in your new cases should not be any older than 25 years and they should be either completely blind in one eye or have lost their eye entirely. It does not matter how they lost their vision or eye, just that their injuries match the injury of our defendant.

DRYDEN - COMMENCEMENT

FACT SHEET

You are the legal assistant for Jay T. Black of Black & Company, 200 - 546 Leon Avenue, Kelowna, BC V1Y 6J6. Phone number is: 250-860-8884. Fax number is: (250) 250-860-2227. E-mailaddress: &..k@black.ca

Our clients are Mary Dryden, who is the Litigation Guardian of Mickey Dryden, a minor, and the said Mickey Dryden.

STATEMENT OF FACTS - THE DRYDEN CASE

On January 11, 2009, Mickey Dryden was injured during an ice hockey game at the Horsefly Community Centre. Mickey was eight years old at the time of the accident and was playing in goal for the Horsefly Juvenile Hockey Team at the time of the accident. He was injured when Johnny Brat, a nine year old player on the opposing team, from the Buzz Saw Community Centre, directed a slap shot at Mickey in goal. Mickey was wearing a face mask and the puck hit that part of the mask directly in front of his right eye. The mask shattered and a portion of the mask was driven into Mickey's right eye. Despite the doctor's best efforts, Mickey has lost his right eye as a result of the accident.

The Horsefly Juvenile Hockey Team was being run under the direction of the BC Juvenile Hockey Association. The Association puts out a book of rules and guidelines. One of the rules is that players in juvenile leagues shall not use slap shots.

The coach of Mickey's team at the time of the accident was Roger Wilson. He was a full-time employee of the Horsefly Community Centre. The assistant coach was Fred Ferguson, the father of one of the other boys on the Horsefly Juvenile Hockey Team. Mr. Ferguson was not paid for being an assistant coach and did the job as a volunteer out of the goodness of his heart.

John O'Reilly was the referee at the game. He has now moved to Toronto. Both communities are incorporated under the Societies Act in British Columbia and carry insurance.

The mask which Mickey was wearing at the time of the accident was owned by Horsefly Community Centre. Mr. Wilson had purchased it in September, 2008, from Sportsco Limited, a local sporting goods store. Sportsco Limited had received the mask in a shipment from Masque Inc., a sporting goods outfit based in Chicago, Illinois. Masque Inc. had designed and manufactured this type of mask for the first time in 2006.The first season that Sportsco Limited had obtained and sold the mask was in the 2008/2009 hockey season. The mask came with a two year manufacturer's warranty against defects in material and workmanship.

After the accident, Mr. Wilson took the pieces of the mask back to Sportsco Limited. In addition to wanting the money back for the Community Centre, he asked Sportsco Limited why the mask had shattered and indicated it was clearly a danger to players using it. The manager of Sportsco Limited telephoned Masque Inc. and made some inquires.Masque Inc. asked Sportsco Limited to return the mask to them in Chicago for testing and analysis. They indicated that, during the first season the mask was marketed in the 2007/2008 season, there had been several complaints of a similar nature. Their laboratory had investigated the complaints and they had changed the formula for the material used in manufacturing the mask. The 2008/2009 masks were all made of the newer, improved material and should not shatter. The Dryden incident was the first complaint received about one of the new masks. Sportsco Limited returned the pieces of the mask to Masque Inc. for testing.

After the Dryden incident, Masque Inc. received three more complaints about the new masks from other customers. In each case, they asked that the mask be returned to them for testing. Testing has now been carried out by their laboratory, however, they have refused to release the results of any of those tests. The 2008/2009 version of the mask has been taken off the market.

Immediately after the accident, Mickey was taken to the local hospital in Williams Lake. He was examined in the emergency department and then immediately transferred to BC Children's Hospital in Vancouver. There he was treated by a pediatric ophthalmologist, who performed surgery immediately in an attempt to save his eye. The attempt was unsuccessful. Mickey remained in the hospital for a week recovering from his surgery. He was then released with his eye socket still covered in bandages. Several weeks later, he returned to the specialists, who removed the dressing and stitches and gave him an eye patch to wear, since he was missing his eye and the area was cosmetically disfigured.

The specialist discussed with Mickey and his parents the option of having further surgery to insert a prosthetic eye to improve the cosmetic appearance of the area. The family ultimately decided to have this done, and Mickey was re-admitted to BC Children's Hospital for that purpose six months after the accident. He now has a false eye that looks quite realistic.The eye will have to be replaced periodically with surgery until his growth is complete. The costs of the future prosthetic eyes and the surgeries are not completely covered by Medicare because they are partly cosmetic in nature, and Mickey's family expects his future care to cost approximately $40,000.00.

They have also incurred expenses for various medications and for the trips to Vancouver to see the specialist and to have Mickey admitted to BC Children's Hospital on two occasions. During his hospitalizations, Mrs. Dryden remained in Vancouver to be close to Mickey. She stayed at the Pan Pacific Hotel and ate most of her meals at the William Tell and Five Sails Restaurants. She also had to pay a babysitter to look after her other children while away, as Mr. Dryden could not afford to take time off of work.

Since the accident, Mr. Wilson has moved to Alberta. The other witnesses to the accident are largely members of the two hockey teams. In some cases, the parents of these boys have refused to allow them to be interviewed in connection with the accident.

Prepare a Notice of Civil Claim

Using your Guide to Civil Litigation, the Supreme Court Civil Forms that are on CD, and with the following information, prepare a Notice of Civil Claim based on the following facts. ***Note the body of all court documents should be 1.5 spaced or double spaced.

PLAINTIFFS' INFORMATION:

Mickey and Mary Dryden both live at 500 Park Crescent, Horsefly, BC V3B 4T5.

Mickey's birthday is September 30, 2000.

Mickey's Personal Health Care Number: 939 848 002

Mickey, as a minor, cannot sue anybody, but his mother, Mary, as his Litigation Guardian, will be suing the following Defendants:

DEFENDANTS' INFORMATION:

Masque Inc. is located at 1000 - 700 Madison Street, Chicago, Illinois, USA 43281

Sportsco Limited is located at 300 - 777 Hornby Street, Vancouver, BC V6B 2L4

Roger Wilson is at 750 Circle Drive, Calgary, AB T3P 6Y4

Horsefly Community Centre is located at 1350 Bishop Avenue, Horsefly, BC V1G 0P3

Part 1: STATEMENT OF FACTS

1. The Plaintiff, Mickey Dryden, is an infant suing by his litigation guardian, Mary Dryden, and he resides at 500 Park Crescent, in the Town of Horsefly, in the Province of British Columbia.

1. The Plaintiff, Mary Dryden, is a housewife and resides at 500 Park Crescent, in the Town of Horsefly, in the Province of British Columbia. Mary Dryden is the mother of Mickey Dryden.

1. The Defendant, Masque Inc. (hereinafter referred to as "Masque"), is a company duly incorporated under the laws of the State of Illinois and has a head office and a place of business at 1000 - 700 Madison Street, in the City of Chicago, in the State of Illinois, in the United States of America.

1. The Defendant, Sportsco Limited (hereinafter referred to as "Sportsco"), is a company duly incorporated under the laws of the Province of British Columbia, with a head office located at 300 - 777 Hornby Street, in the City of Vancouver, in the Province of British Columbia.

1. The Defendant, Roger Wilson (hereinafter referred to as "Wilson"), is a municipal worker and resides at 750 Circle Drive, in the City of Calgary, in the Province of Alberta.

1. The Defendant, Horsefly Community Centre (hereinafter referred to as "Horsefly"), is a society duly incorporated pursuant to the Society Act of the Province of British Columbia, with an address for service at 1350 Bishop Avenue, in the Town of Horsefly, in the Province of British Columbia.

1. The Plaintiff, Mickey Dryden, was, at all material times, a member of the Horsefly Juvenile Hockey Team (hereinafter referred to as the "Hockey Team"), playing the position of goalkeeper.

1. The Hockey Team was, at all material times, sponsored by Horsefly and coached and managed by directors, employees, or agents of Horsefly.

1. At all material times, Wilson was a full time paid employee of Horsefly and was the head coach of the Hockey Team.

1. In or about the month of September 2008, Wilson, on behalf of Horsefly, purchased a goalkeeper's mask from Sportsco's local retail outlet for intended use by the goalkeeper of the Hockey Team.

1. On or about January 11, 2009, while the mask was being used by the Plaintiff, Mickey Dryden, in the usual or ordinary way, as a goalkeeper's face protector during an ice hockey game, the mask shattered on impact with a hockey puck, causing a serious eye injury to Mickey Dryden and injury, damage, loss, and expense to both Plaintiffs.

1. At all material times, Masque was the designer, manufacturer, and supplier of the hockey goalkeeper's face mask worn by the Plaintiff, Mickey Dryden, on January 11, 2009.

1. At all material times Sportsco was the distributor and retailer of the mask.

1. The mask was not examined by any party after it left the premises of Masque.

Part 2: RELIEF SOUGHT

1. The right to serve this Notice of Civil Claim on the Defendants Masque Inc. and Roger Wilson outside British Columbia;
2. General damages;
3. Special damages;
4. Interest pursuant to the Court Order Interest Act, R.S.B.C. 1996, C. 79;
5. Costs;
6. Such further and other relief as this Honourable Court may deem meet and appropriate.

Part 3: LEGAL BASIS

Negligence:

1. Masque, Sportsco, Horsefly, and Wilson knew, or ought to have known, that the mask contained latent defects, which, in the absence of reasonable care, the design, manufacture, supply, distribution, sale, or use of the mask would cause damage and injury.

1. The shattering of the mask occurred solely as a result of defects in the mask, which defects resulted from the negligence of the Defendants or two or more of them. Particulars of the defects include, but are not limited to, the following:

1. the mask was manufactured of material of insufficient strength and resilience to withstand the foreseeable impact of a hockey puck;

1. the mask was designed and manufactured without any adequate reinforcement surrounding the eye openings; and

1. the mask was designed and manufactured such that it rested on the face and bony structures surrounding the eye without any adequate padding or buffers to absorb the shock of impact with a hockey puck.

1. Particulars of the negligence of Masque include, but are not limited to, the following:

1. failing to take reasonable care in the design, manufacture, and supply of the mask to ensure that it was safe for use and would not cause damage and injury when used in an ordinary and foreseeable way;

1. negligently designing, manufacturing, and supplying a defective mask, which it knew, or ought to have known, would cause damage or injury when used in an ordinary or foreseeable way;

1. having knowledge of the defects and dangers of the mask and its duty to warn, or adequately warn, potential users of the mask of its defects and dangers, specifically of the danger of the mask shattering upon impact with a hockey puck, thereby causing foreseeable injury and damage to the users of the mask;

1. negligently designing, manufacturing, and supplying the mask without first ascertaining by way of adequate or any examination, testing, inspection, or otherwise, that the mask was and would remain safe to be used for the purpose for which it was manufactured;

1. failing to design and manufacture the mask in accordance with the standards set by the Canadian Standards Association;

1. failing in its duty to recall and refrain from manufacturing or supplying the mask which it knew, or ought to have known, was defective; and

1. failing in its duty to provide clear instructions, providing precautions to be taken so as to avoid injuries from use of the defective mask.

1. The particulars of the negligence of Sportsco include, but are not limited to, the following:

1. failing in its duty to adequately examine, test, and inspect the mask to ensure that it was safe for any foreseeable use and that it was free from defects;

1. failing in its duty to warn, or adequately warn, purchasers and consumers of the defects and possible dangers associated with using the mask;

1. failing in its duty to ensure that masks it sold were received from a reputable manufacturer and supplier; and

1. through advertising and promotion, negligently representing and implying that the mask was safe without first ascertaining that the mask was safe for any ordinary or foreseeable use.

1. The particulars of the negligence of Wilson include, but are not limited to, the following:

1. failing in his duty to adequately examine, test, and inspect the mask to ensure that it was safe for any foreseeable use by the Plaintiff, Mickey Dryden, and that it was free from defects;

1. failing in his duty to warn, or to adequately warn, the Plaintiff, Mickey Dryden, of the defects and possible dangers associated with using the mask;

1. failing in his duty to ensure that the mask he purchased was acquired from a reputable manufacturer and supplier;

1. failing to ascertain whether the mask was safe for use as an ice hockey goalkeeper's mask;

1. failing to instruct the Plaintiff, Mickey Dryden, in the proper assembly and use of the mask; and

1. in supplying the Plaintiff, Mickey Dryden, with a goalkeeper's mask which was fully inadequate for the intended purpose, preventing impact injuries to the facial and eye areas.

1. The particulars of the negligence of Horsefly Community Centre include, but are not limited to, the following:

1. failing in its duty to adequately examine, test, and inspect the mask to ensure that it was safe for any foreseeable use by the Plaintiff, Mickey Dryden, and that it was free from defects;

1. failing in its duty to warn, or to adequately warn, the Plaintiff, Mickey Dryden, of the defects and possible dangers associated with using the mask;

1. failing in its duty to ensure that the mask he purchased was acquired from a reputable manufacturer and supplier;

1. failing to ascertain whether the mask was safe for use as an ice hockey goalkeeper's mask;

1. failing to instruct the Plaintiff, Mickey Dryden, in the proper assembly and use of the mask; and

1. in supplying the Plaintiff, Mickey Dryden, with a goalkeeper's mask which was fully inadequate for the intended purpose, preventing impact injuries to the facial and eye areas.

1. As a result of the negligence of the Defendants, the Plaintiff, Mickey Dryden, has suffered personal injuries including, but not limited to, the following:

1. Shock;
2. Concussion;
3. Severe injury to the right eye resulting in complete loss of sight and loss of the eye itself;
4. Severe facial lacerations and contusions;
5. Facial disfigurations and scarring;
6. Headaches;
7. Loss of sleep, nightmares, and anxiety related to playing ice hockey and other sports.

1. As a further result of the negligence of the Defendants, the Plaintiff, Mickey Dryden, has suffered non-pecuniary loss, including pain, suffering, inconvenience, loss of enjoyment of life, loss of amenities, and loss of functional abilities.

1. As a further result of the negligence of the Defendants, the Plaintiff, Mickey Dryden, has suffered pecuniary loss, including loss of income, earning capacity, and loss of opportunity to earn income in the future.

1. As a further result of the negligence of the Defendants, the Plaintiff, Mary Dryden, has incurred certain special damages including, but not limited to, the following:

1. Medication expenses;
2. Transportation expenses;
3. Hospital and ambulance expenses;
4. Continuing medical expenses;
5. Miscellaneous expenses.

1. As a further result of the negligence of the Defendants, both Plaintiffs have and will incur continuing expenses in respect of the insertion and periodic replacement of a prosthetic eye.

Plaintiff's address for service: Black and Company

200 - 546 Leon Avenue, Kelowna, BC V1Y 6J6

Email address for service (if any): b..k@black.ca

Place of trial: (Your city), British Columbia

The address of the registry is: Your local court registry

CONCISE SUMMARY OF NATURE OF CLAIM:

The Plaintiffs claim against the Defendants for pain and suffering, general damages, special damages, costs and interest arising out of an incident which occurred on or about the 11^th day of January, 2009, due to the shattering of an ice hockey face mask during a juvenile hockey game.

The Plaintiffs have suffered and continue to suffer damage, loss and expense, all of which was foreseeable by the Defendants, and expense caused by or contributed to by the Defendants' acts, omissions, representations and other practices.

DRYDEN ASSIGNMENT #4

Examinations for Discovery and Trial Brief

FACT SHEET

Examinations for Discovery

Appointment to Examine for Discovery:

We will hold Examinations for Discovery at Court Services Reporting.Their address is #490 - 775 Victoria Street, (your city), BC V2C 6E4.

Roger Wilson lives at 1475 Kickinghorse Drive, Calgary, AB T4B 3R6.In a real lawsuit, you would also prepare and send an Appointment to Examine to all of the defendants; however, for the purpose of this assignment, we will only send it to Mr. Wilson.

Your instructor will provide you with a date for Examinations for Discovery.Examinations typically start at 10:00 a.m.

Trial Brief:

Filed by J.T. Black for the Plaintiffs

Part 1 Summary of Issues and Positions

Issues in Dispute:

General Damages - Future Wage Loss

1. Future wage loss was caused by, or contributed to by, the negligence of the Defendants.

1. The Defendants have refused and continue to refuse to acknowledge the impact of the Plaintiff's injuries on his future loss of earnings.

General Damages - Non-Pecuniary

1. The Plaintiff, Mickey Dryden, as a result of the negligence of the Defendants, suffered personal injuries including shock, concussion, severe injury to the right eye resulting in the complete loss of the eye itself, severe facial lacerations and contusions resulting in facing disfiguration and scaring, headaches, loss of sleep, nightmares, and anxiety related to playing sports.

1. The Plaintiff, Mickey Dryden, as a result of the negligence of the Defendants, has suffered pain, suffering, inconvenience, loss of enjoyment of life, loss of amenities, and loss of functional abilities.

Special Costs

1. The Plaintiffs have incurred and will incur in the future, continuing expenses such as medication, transportation, hospital, and ambulance expenses including the expenses associated with the insertion and refitting of a prosthetic eye.

Part 2 Witnesses to be Called

1. Mickey Dryden (home address) 1.5 hours
2. Mary Dryden (home address) 3 hours
3. Dr. I. Care (use BC Children's address) full day
4. Dr. A. Sawyer (Horsefly General Hospital,

1199 North Street, Horsefly, BC

V2H 1B8) half day

1. Dr. Specialist (use BC Children's address) full day
2. Mr. Burt Edwards (use address already provided) 1 hour
3. Mr. Expert (Nuts and Bolts Engineering

1455 Thompson Drive, Horsefly, full day

(BC V2B 1G3)

1. Holly Alberts Vocational Rehabilitation Experts Inc.

(876 Sunshine Drive, Horsefly, BC

V2B 5G2) half day

Part 3 Expert Reports

1. Dr. I. Care March 5, 2008; May 18, 2009; and January 7, 2010
2. Dr. A. Sawyer March 25, 2008 and February 14, 2010
3. Dr. Specialist June 24, 2009 and March 7, 2010
4. Mr. Expert December 9, 2009

Part 4 Witnesses to be Cross-Examined

1. Mr. Peter Jones, Operations Manager of Masque Inc. full day
2. Dr. J. Peterson half day
3. Mr. Roger Wilson half day
4. Mr. Neil Demment, Operations Manager of Sportsco half day
5. Ms. Julie Peters, Director of Horsefly Community Centre half day

Part 5 Documents and Exhibits

1. British Columbia Juvenile Hockey Association Book of Rules and Guidelines
2. Application for the Junior Hockey Team with Horsefly Community Centre for Mickey Dryden
3. Clinical records, Horsefly General Hospital from January 2008 - present for Mickey Dryden
4. Clinical records, BC Children's Hospital from January 2008 - present for Mickey Dryden
5. Statement of earnings - Horsefly Daily News for 2007, 2008 and 2009
6. Medical report of Dr. I. Care dated March 5, 2008
7. Medical report of Dr. I. Care dated May 18, 2009
8. Medical report of Dr. I. Care dated January 7, 2010
9. Medical report of Dr. A. Sawyer dated March 25, 2008
10. Medical report of Dr. A. Sawyer dated February 14, 2010
11. Medical report of Dr. Specialist dated June 24, 2009
12. Medical report of Dr. Specialist dated March 7, 2010
13. Engineer's report of Mr. Expert, of Nuts and Bolts Engineering Ltd.
14. Rehabilitation report, Ms. Holly Alberts of Vocational Rehabilitation Experts Inc.
15. Horsefly Elementary School, transcripts of grades for 2007, 2008 and 2009.
16. Photographs of the Horsefly Community Centre ice arena
17. Photographs of the shattered mask
18. Engineer's report from Masque Inc. dated April 1, 2008

Part 6 Authorities

1. The cases gathered for the Book of Authorities in Assignment #5 would be inserted here.
2. ...
3. ...

Part 7 Order

1. An Order that the Plaintiff, Mickey Dryden, receive general damages.
2. An Order that the Plaintiffs receive special damages.
3. An Order that the Plaintiffs receive interest pursuant to the Court Ordered Interest Act.
4. Costs to the Plaintiffs.
5. Such further and other relief as this Honourable Court may seem meet and appropriate.

Part 8 Time required for submission

Allow 20 minutes for the opening statement and 60 minutes for the final submissions.

Part 9 Orders that may affect the conduct of the trial

September 8, 20xx Plaintiff limited to four lay witnesses for trial purposes

November 21, 20xx Defendant Masque to deliver all investigation and study results from testing conducted by Bio-Alpha Research Labs, Fresno, California.

Part 10 Trial is to be heard without a jury