The plaintiff sought damages for injuries from a motor vehicle accident.
The defendants admitted liability but brought a threshold motion to declare the plaintiff's non-pecuniary loss claim barred under s. 267.5(5) of the Insurance Act, arguing the plaintiff did not sustain a permanent, serious impairment of an important physical, mental, or psychological function.
The court applied the three-part Meyer v. Bright test, finding the plaintiff suffered permanent chronic pain, anxiety, driving phobia, and depression, which constituted a permanent and serious impairment of important functions.
The defendants' motion was dismissed.
