Michael Jeffrey Silver

The plaintiff, Patrick Addai, brought an action for damages for personal injuries sustained in a motor vehicle accident.

The defendant, Kelly Parkinson, moved for a determination that the plaintiff's claim for non-pecuniary loss was barred under s. 267.5(5) of the Insurance Act.

The court found the plaintiff's evidence regarding the causation and permanence of his alleged injuries (shoulders, wrists, dental, neck, back, headaches, psychological) to be inconsistent and unreliable.

The court preferred the defendant's expert evidence and concluded that the plaintiff failed to prove that his injuries constituted a permanent serious impairment of an important physical, mental, or psychological function caused by the accident.

Consequently, the defendant's motion was granted, and the plaintiff's claim for non-pecuniary loss was dismissed.

The defendant brought a motion to compel the plaintiff to answer outstanding refusals from discovery.

The refusals related to a prior motor vehicle accident in 2007, which was similar in nature to the subject accident, and pre-existing complaints of neck, back, and shoulder pain.

The court found that information regarding the 2007 accident and related injuries was potentially relevant to the assessment of damages, the degree to which alleged damages were attributable to the subject accident, and whether injuries predated it.

The motion was granted, requiring the plaintiff to answer the refusals and provide relevant records, with costs awarded to the defendant.