The plaintiff was involved in a motor vehicle accident and suffered a spinal fracture.
Liability was admitted by the defendant.
The court had to determine whether the plaintiff met the statutory threshold for permanent and serious impairment under the Insurance Act, and assess damages.
The court found significant credibility issues with the plaintiff's evidence, noting he had concealed pre-existing conditions and post-accident activities from his assessors.
Despite these credibility issues, the court accepted expert evidence that the plaintiff suffered a permanent serious impairment consisting of chronic left torso/rib pain and an adjustment disorder.
The court awarded $1,067,647 in total damages, applying substantial percentage reductions to the claimed amounts for loss of earning capacity and future care costs due to the unreliability of the plaintiff's self-reported limitations.
