In this motor vehicle damages trial, liability was admitted and the jury assessed damages only.
The court then determined a threshold motion under s. 267.5(5) of the Insurance Act and held the plaintiff failed to prove that the collision caused either the alleged chronic pain syndrome or a later gastric volvulus.
The court made strong adverse credibility findings, relied on conflicting medical evidence, and concluded causation had not been established on a balance of probabilities.
Although the jury awarded $30,000 in general damages, the statutory deductible eliminated the award and the action was dismissed.
