Danielle Ralph

This decision concerns a threshold motion following a jury trial for damages arising from a motor vehicle accident.

The court was required to determine whether the plaintiff, Carissa Marcantonio, suffered a "permanent serious impairment of an important physical, mental or psychological function" as defined by the Insurance Act.

After reviewing the evidence of the plaintiff, her family, friends, treating professionals, and expert witnesses, the court found that the plaintiff suffered a severe, permanent impairment of an important mental or psychological function as a result of the accident, entitling her to general damages as awarded by the jury.

The plaintiff's counsel brought a motion seeking an order to continue the action and appoint a litigation administrator for the deceased plaintiff's estate.

The court dismissed the motion without prejudice, finding insufficient evidence to establish that there was no executor or administrator for the estate.

The court also raised concerns about the appropriateness of appointing a lawyer from the plaintiff's firm as litigation administrator, particularly regarding the implications for examination for discovery in a subrogated claim and potential ethical conflicts.

The court further noted the necessity of amending the statement of claim to reflect the change in party representation.