Following a nine-day jury trial where no damages were awarded to the plaintiffs for injuries sustained in a motor vehicle accident, the court ruled on the threshold issue and costs.
The jury found the accident did not cause or contribute to the plaintiffs' ongoing pain and impairments.
The court, granting the defendants' motion, determined that the plaintiffs' claims for non-pecuniary loss were barred under section 267.5(5) of the Insurance Act, as their injuries did not meet the "permanent serious impairment of an important physical, mental or psychological function" exception.
The court emphasized that the jury's finding on causation was binding.
Costs were awarded to the defendants on a partial indemnity basis, totaling $111,614.65, despite the plaintiffs' adverse cost policy and financial hardship claims, due to their failure to make an offer to settle.
