The plaintiff pedestrian was struck by the defendant's vehicle while crossing a street.
The defendant was found 100% liable.
The plaintiff had a highly complex pre-existing medical history, including chronic pain, sarcoidosis, and melanoma.
The court found the plaintiff suffered a mild traumatic brain injury and other injuries from the collision, which exacerbated his pre-existing conditions and impaired his ability to manage them.
The court assessed damages for the plaintiff and his family members, but reduced the total awards by 25% applying the crumbling skull principle, as the plaintiff would have been detrimentally affected by his pre-existing conditions regardless of the accident.
The injuries were found to meet the statutory threshold.
