The defendants appealed a trial judgment finding them liable for injuries sustained by a bus passenger when the driver braked suddenly to avoid a cyclist.
The trial judge awarded $22,500 in general damages for chronic back and hip strain, finding the injuries met the threshold under the Insurance Act.
On appeal, the defendants argued the trial judge erred in finding negligence, assessing the medical evidence, and failing to draw an adverse inference from the plaintiff not calling her initial treating physician.
The Divisional Court dismissed the appeal, finding no palpable and overriding error in the trial judge's findings of fact and negligence.
The judgment was varied on consent only to correct a mathematical error in the statutory deductible.
