Following a jury verdict awarding the plaintiff damages for a motor vehicle accident, the defendants brought a threshold motion arguing the plaintiff's injuries did not meet the statutory exceptions under the Insurance Act.
The core issue was whether the accident caused the plaintiff's left knee injury, given his preexisting osteoarthritis.
The court preferred the plaintiff's expert evidence that the minor force of the accident converted his asymptomatic arthritis into symptomatic arthritis.
The court found the plaintiff met his burden of proof on causation for the knee injury, which satisfied the threshold requirements.
The defendants' motion was dismissed.
