Following an eleven-day jury trial where the jury awarded no damages, the defendant brought a motion for a declaration that the plaintiff's claim for non-pecuniary loss and health care expenses was barred by the threshold under the Insurance Act.
The plaintiff claimed to suffer from soft tissue injuries, headaches, and neck pain following a minor rear-end collision.
The court found that the plaintiff's impairments did not substantially interfere with her volunteer activities or usual activities of daily living, and preferred the medical evidence indicating no permanent impairment caused by the collision.
The motion was granted, barring the plaintiff's claims.
