Following a jury trial on damages arising from a motor vehicle accident, the defendant brought a threshold motion under s. 267.5(5) of the Insurance Act arguing that the plaintiff had not established a permanent serious impairment of an important physical, mental, or psychological function.
The jury awarded $10,000 in general damages but no other damages, which would result in no recovery after the statutory deductible.
The court independently assessed the threshold issue and concluded that the plaintiff suffered chronic pain, fibromyalgia, and major depression causally related to the accident, resulting in permanent impairments affecting employment capacity and daily functioning.
The court rejected defence expert evidence alleging malingering and preferred the evidence of treating physicians and other experts.
The statutory threshold was therefore met and the defendant’s motion was dismissed.
