A. Krajden

A case conference was held regarding a tentative settlement that had stalled due to issues with the plaintiffs' previous counsel's fees and disbursements.

The litigation guardian for the plaintiffs under disability failed to attend the conference for the second time and was ordered to provide a doctor's note.

The defendants took the position that a binding settlement was reached, while the plaintiffs argued they were under duress.

The court directed the plaintiffs to confirm their position on the settlement within two weeks, noting that any motion for court approval would require the plaintiffs under disability to retain new counsel pursuant to Rule 15.01(1).

Following a jury trial for a motor vehicle accident where the plaintiff was awarded $7,500 in general damages, the defendants brought a threshold motion.

The court first determined that the threshold motion was moot because the jury's award would be entirely eliminated by the statutory deductible under the Insurance Act, resulting in a net recovery of $0.

In the alternative, the court analyzed the medical evidence and found the plaintiff's credibility to be poor due to significant omissions in her medical history regarding pre-existing conditions like fibromyalgia and depression.

The court concluded the plaintiff failed to prove on a balance of probabilities that she sustained a permanent, serious impairment of an important function caused by the accident.

The motion was dismissed.