The plaintiff sustained soft tissue injuries in a left-turn motor vehicle accident wherein the turning plaintiff was struck by the defendant travelling straight. Following a trial, the jury found the plaintiff 75% at fault, and the defendant 25% at fault. The jury awarded the plaintiff $40,000 in general damages, $147,700 for past loss of income, and $59,900 for future loss of income. On a threshold motion, Justice Gambacorta held that the plaintiff did not meet the threshold. Justice Gambacorta was critical of the plaintiff’s chronic pain expert (Dr. Ghouse) who did not have a full history of the plaintiff’s chronic back pain before the accident. There was also surveillance of the plaintiff doing things that Dr. Ghouse opined she would be unable to do. Justice Gambacorta preferred the evidence of the defence expert (Dr. Kwok) who concluded that the plaintiff’s soft tissue injuries did not lead to any limitations. The plaintiff recovered no damages as a result of the threshold decision and collateral benefit deductions.
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