During a jury trial for a personal injury action arising from a motorcycle collision, the defendant brought a threshold motion under s. 267.5 of the Insurance Act.
The defendant sought a declaration that the plaintiff's claims for healthcare expenses and non-pecuniary losses were barred.
The court evaluated medical and lay evidence regarding the plaintiff's mild traumatic brain injury and post-concussion syndrome.
The court found that while the plaintiff could still work with accommodations, her impairments significantly disrupted her activities of daily living and social life.
The motion was dismissed, as the plaintiff established she sustained a permanent, serious impairment of an important physical, mental, or psychological function.
