Ognjen Miketic

The plaintiff sought damages for injuries sustained in a car accident.

While the defendant admitted fault for the accident, the trial proceeded on the issue of damages, including non-pecuniary loss, loss of income, and future care costs.

The court found the plaintiff's testimony regarding her symptoms and limitations to be not credible, noting inconsistencies and a willingness to exaggerate or understate symptoms based on her immediate goals.

Consequently, the expert opinions largely based on the plaintiff's self-reports were given little weight.

The court concluded that the plaintiff failed to prove, on a balance of probabilities, that her alleged injuries were caused or aggravated by the accident or that she met the statutory threshold for permanent serious impairment under the Insurance Act.

The action was dismissed.

The third-party insurer, United States Liability Insurance Company, brought a summary judgment motion to determine its duty to defend its insureds, Harold Douglas Eakins and Jack-O’s Sports Bar, in a personal injury claim.

The plaintiff alleged over-serving of alcohol, a fall from a barstool, and a subsequent forcible removal and assault by the proprietor.

The insurer relied on broad assault and battery exclusion clauses in its commercial general liability and liquor liability policies, which explicitly included negligence in their definitions of assault and battery.

The court found that the plaintiff's pleadings, even as amended, could not be severed from the factual matrix involving assault or battery as broadly defined in the policy.

Consequently, the court granted summary judgment, dismissing the third-party claim against the insurer, finding no duty to defend.