Following a motor vehicle accident, the plaintiff sought damages for various physical and psychological injuries.
A jury awarded the plaintiff $10,000 in general damages and dismissed her other claims.
The defendants subsequently brought a threshold motion under section 267.5(5) of the Insurance Act.
The court held that the jury's verdict should be strongly considered when deciding a threshold motion.
Finding that the plaintiff's current conditions were not caused by the accident and agreeing with the jury's implicit finding of only minor and transitory injuries, the court granted the defendants' motion and dismissed the action.