Personal injury trial arising from a 2015 motor vehicle accident involving a plaintiff with a prior 2012 collision and earlier mental health history.
The court rejected the defence theory that the plaintiff was malingering or merely misattributing pre-existing impairments, and found that the 2015 accident caused soft tissue injuries, chronic pain, psychological injury, headaches, and cognitive deficits that permanently impaired work and daily functioning.
Applying the but-for causation test and the thin skull rule rather than the crumbling skull principle, the court held that the plaintiff had substantially recovered from the earlier accident but remained vulnerable to more serious consequences from the later collision.
The court awarded general damages, past and future income loss, future care costs, and derivative damages to the family claimant.
