The court considered whether the plaintiff, Cory McGrath, sustained a permanent serious impairment of an important physical, mental, or psychological function as a result of a motor vehicle collision, as required by the "threshold" in section 267.5(15) of the Insurance Act.
After a jury trial and detailed review of the evidence, including expert and lay testimony, the court found that Ms. McGrath met the threshold, entitling her to recover health care expenses and non-pecuniary loss.
The decision provides a thorough application of the statutory and regulatory framework, and the relevant case law, to the facts of the case.
