During jury deliberations in a motor vehicle accident trial, the defendant brought a motion to determine whether the plaintiff's claims were barred by the statutory threshold under Bill 59 of the Insurance Act.
The court reviewed the medical evidence and the plaintiff's testimony regarding her chronic pain, fatigue, and psychological impairments.
Applying the test from Meyer v. Bright, the court found that the plaintiff had sustained a permanent serious impairment of an important physical, mental, or psychological function.
The defendant's motion was dismissed.
