The plaintiff brought a motion for judgment under Rule 19.01 of the Rules of Civil Procedure after the defendant was noted in default in a motor vehicle accident action.
The court found the defendant entirely liable for the collision and accepted evidence that the plaintiff suffered chronic pain, orthopedic injuries, and depression that significantly impaired his ability to perform flooring installation work.
The court held that the plaintiff met the statutory threshold under s. 267.5(3) of the Insurance Act for a permanent serious impairment of an important physical, mental or psychological function.
Non‑pecuniary damages were assessed at $65,000 before the statutory deductible, with additional awards for future housekeeping capacity, future medical expenses, and loss of future earning capacity.
Claims for past income loss and past housekeeping expenses were dismissed for lack of sufficient proof.
