Dr. Peggy Voorneveld

The plaintiff, a cyclist with significant pre-existing psychological and cognitive vulnerabilities, was struck by a police cruiser while riding through a pedestrian crosswalk at night.

The court apportioned liability 60% to the defendant police officer and 40% to the plaintiff.

Applying the thin skull rule, the court found the collision exacerbated the plaintiff's pre-existing conditions and caused a mild traumatic brain injury, rendering him completely disabled and requiring 24/7 attendant care.

Total damages were assessed at over $5.2 million, reduced to $3,131,370 after accounting for contributory negligence.

The applicant was injured in a head-on motor vehicle collision and sought ongoing income replacement benefits after the insurer terminated them.

The insurer argued that the applicant's inability to work was due to her significant pre-accident medical history, including a prior accident and depression.

The arbitrator found the applicant credible and preferred the medical evidence demonstrating that the accident caused a disabling chronic pain syndrome.

The arbitrator concluded that the applicant met both the 104-week and post-104-week disability tests under the Statutory Accident Benefits Schedule, entitling her to ongoing income replacement benefits and interest, and dismissing the insurer's claim for repayment.