The defendant brought a motion to compel the plaintiff to answer outstanding refusals from discovery.
The refusals related to a prior motor vehicle accident in 2007, which was similar in nature to the subject accident, and pre-existing complaints of neck, back, and shoulder pain.
The court found that information regarding the 2007 accident and related injuries was potentially relevant to the assessment of damages, the degree to which alleged damages were attributable to the subject accident, and whether injuries predated it.
The motion was granted, requiring the plaintiff to answer the refusals and provide relevant records, with costs awarded to the defendant.
