Following a jury trial for a motor vehicle accident, the defendants brought a threshold motion arguing the plaintiff was barred from recovering non-pecuniary and health care damages under the Insurance Act.
The jury had awarded $10,000 in general damages and $37,133.13 in medical expenses.
The trial judge applied the three-pronged test from Meyer v. Bright and found the plaintiff, a former school principal, suffered permanent serious impairment due to chronic pain syndrome and soft tissue injuries.
The court held the plaintiff met the statutory threshold, dismissing the defendants' motion and allowing the plaintiff to recover the damages awarded by the jury.
