The plaintiff brought an action for damages arising from a motor vehicle accident.
Following a jury verdict that resulted in net zero damages due to deductibles and prior settlements, the court ruled on the defence's threshold motion.
The court preferred the evidence of the plaintiff's experts, finding that the plaintiff suffered from chronic pain syndrome caused by the accident.
The court concluded that the plaintiff sustained a permanent and serious impairment of an important function, thereby meeting the statutory threshold, despite the action ultimately being dismissed.