Following a jury trial for a motor vehicle accident where the plaintiff was awarded substantial damages, the defendant insurer brought a motion for a ruling that the plaintiff's claims did not meet the statutory threshold under the Insurance Act.
The court found that the plaintiff's chronic low back pain was caused by the accident and constituted a permanent serious impairment of an important physical function.
The court dismissed the defendant's motion, concluding that the plaintiff met the statutory threshold for non-pecuniary loss and future care costs.