Following a jury verdict awarding the plaintiff $150,000 in general damages for injuries sustained in a motor vehicle accident, the defendants brought a threshold motion arguing the claims were barred by the Insurance Act.
The court applied the three-part threshold analysis and found the plaintiff suffered a permanent, serious impairment of an important physical function due to chronic pain and shoulder instability.
The court held that the plaintiff's inability to continue his pre-accident employment as a meat cutter, despite being accommodated with a different minimum-wage role by the same employer, constituted a substantial interference with his regular employment.
The defendants' motion was dismissed.
