Paul Giuliano

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.

Following a jury trial for a motor vehicle accident where the plaintiff's damages were reduced to zero due to statutory deductibles and failure to meet the verbal threshold, the defendant sought costs of $165,000.

The plaintiff argued for no costs based on impecuniosity and access to justice.

The court rejected the plaintiff's arguments, noting the claim's lack of success and the plaintiff's access to specialized counsel on a contingency fee.

Costs were awarded to the defendant in the requested amount of $165,000.