Following a jury verdict in a motor vehicle accident trial awarding modest general damages and future care costs, the defendants brought a post-verdict threshold motion under s. 267.5(5) of the Insurance Act seeking a declaration that the plaintiff’s injuries did not meet the statutory threshold for recovery of non-pecuniary damages and related health care expenses.
The court reviewed the medical evidence concerning the plaintiff’s pre-existing shoulder injury from an earlier accident and alleged exacerbation from the subject accident.
The judge found that the plaintiff already had a permanent disability prior to the second accident and that the evidence did not establish a new permanent serious impairment of an important physical, mental, or psychological function.
The court also found insufficient evidence linking the plaintiff’s later low back complaints to the accident.
Considering the medical evidence and the modest jury awards, the court concluded that the statutory threshold was not met.
