Following a jury trial arising from a motorcycle accident, the defendant brought a post‑verdict threshold motion under s. 267.5 of the Insurance Act seeking to bar recovery of non‑pecuniary damages.
The moving party argued the plaintiff failed to establish a permanent serious impairment of an important physical, mental, or psychological function.
The court reviewed the statutory definitions under Regulation 381/03 (Bill 198) and considered extensive medical and lay evidence regarding chronic pain, knee injury, psychological effects, and functional limitations.
The court held the plaintiff established a permanent and serious impairment affecting important functions, including employment capacity and activities of daily living.
The threshold was met and the defendant’s motion was dismissed.
