Following a jury trial for a motor vehicle accident where the plaintiff was awarded $7,500 in general damages, the defendants brought a threshold motion.
The court first determined that the threshold motion was moot because the jury's award would be entirely eliminated by the statutory deductible under the Insurance Act, resulting in a net recovery of $0.
In the alternative, the court analyzed the medical evidence and found the plaintiff's credibility to be poor due to significant omissions in her medical history regarding pre-existing conditions like fibromyalgia and depression.
The court concluded the plaintiff failed to prove on a balance of probabilities that she sustained a permanent, serious impairment of an important function caused by the accident.
The motion was dismissed.
