The plaintiff was injured when she fell on a public transit bus.
At trial, the jury awarded $35,000 in general damages and $5,000 for past housekeeping.
On post-trial motions, the court held that while the defendant employer was vicariously liable for the driver's negligence, its liability was limited by the Insurance Act to the amount the driver would be liable for.
Applying the statutory deductible reduced the general damages to zero.
Furthermore, the court found the plaintiff did not meet the statutory threshold for permanent serious impairment.
The housekeeping award was also reduced to zero due to collateral benefits received from the plaintiff's own insurer.
