2 total
Arbitration Motion granted
The plaintiff brought a tort action for a motor vehicle collision.
After a jury awarded nominal general damages (less than the statutory deductible) and past loss of income (reduced to zero by collateral benefits), the defendant brought a threshold motion to declare the plaintiff not entitled to non-pecuniary damages.
The court determined the threshold issue was not moot, despite the net zero award, for costs purposes.
The court found the plaintiff failed to establish a permanent serious impairment of an an important physical, mental, or psychological function, largely due to the plaintiff's exaggeration of symptoms and the expert witness's lack of impartiality.
Consequently, the defendant's threshold motion was granted, and the plaintiff's total damages were reduced to zero.
The defendant was deemed the successful party and awarded costs and disbursements.
Court refuses approval of accident benefits settlement due to inadequate evidence and care concerns.
The moving party sought court approval of a proposed $650,000 accident benefits settlement arising from a motor vehicle accident that caused catastrophic brain injury to the plaintiff as a child.
The court reviewed the medical evidence, future care needs, and the proposed allocation of settlement funds, including structured settlement arrangements and funds to be managed by the plaintiff’s mother.
The judge identified significant concerns regarding the adequacy of the settlement relative to future care needs, missing medical and economic reports, unclear accounting for certain funds, and the proposed guardianship and care arrangements.
The court concluded that the evidentiary record was insufficient to determine whether the settlement was in the plaintiff’s best interests.
The proposed settlement was therefore not approved and the matter was ordered to return with further evidence.
