Threshold motion granted; plaintiff's chronic pain claims dismissed due to lack of credibility and pre-existing conditions.
The plaintiff brought an action for damages arising from a motor vehicle accident.
Following a jury trial where the defendant was found 100% at fault and the jury awarded $1,053 for general damages and $38,500 for past wage loss, the defendants brought a threshold motion arguing the plaintiff did not suffer a permanent serious impairment.
The trial judge granted the threshold motion, finding the plaintiff's evidence lacked credibility and was undermined by surveillance footage and medical records showing significant pre-existing chronic pain and narcotic use.
The court concluded the low-impact collision did not materially contribute to a diminution in her function.
SCJSuperior Court of JusticeApr 24, 2015
