Following a jury verdict awarding modest damages in a motor vehicle accident action, the defendant brought a post-verdict threshold motion seeking a declaration that the plaintiff’s claim for non‑pecuniary damages was barred under s. 267.5(5) of the Insurance Act.
The court applied the three-part test from Meyer v. Bright to determine whether the plaintiff sustained a permanent serious impairment of an important physical, mental or psychological function.
Despite the minor impact of the final collision and the jury’s minimal damages award, the court found credible medical and vocational evidence that the accident exacerbated existing conditions, resulting in chronic pain syndrome and functional incapacity preventing gainful employment.
The court held that the plaintiff met the statutory threshold and the defendant remained liable for non‑pecuniary damages.
