The defendant brought a refusals motion in a personal injury action arising from a 2017 motor vehicle accident.
The plaintiff had refused to answer questions or produce records relating to a prior 2003 motor vehicle accident, arguing he had fully recovered and returned to work years before the 2017 accident.
The court held that the 2003 accident and its consequences were relevant to assessing whether the plaintiff was a thin-skull or crumbling-skull plaintiff, and ordered the plaintiff to answer the refused questions.
