The plaintiff sought damages for personal injuries sustained in a 2013 motor vehicle accident.
Following a jury trial where the jury awarded zero damages, the defendant brought a threshold motion under s. 267.5(5) of the Insurance Act.
The court found that the plaintiff failed to prove on a balance of probabilities that he sustained a permanent serious impairment of an important physical, mental or psychological function caused by the 2013 accident.
The plaintiff's medical evidence was flawed because his experts were either unaware of or could not parse out the effects of three subsequent motor vehicle accidents.
The defendant's motion was granted and the plaintiff's claim for non-pecuniary loss was dismissed.
