The 65 year old plaintiff suffered chronic pain and headaches as a result of a motor vehicle accident. The jury awarded $62,500 for general damages; $0 for past and future loss of income; $2,500 for out of pocket expenses; and $23,400 for future healthcare costs. On the threshold motion, Justice Mitchell held that the plaintiff met the threshold. Justice Mitchell found the plaintiff credible and accepted that she only continued to work because of the availability of modified duties. Justice Mitchell accepted the plaintiff expert’s evidence that the plaintiff continued to suffer chronic pain which was unlikely to improve, and that she suffered serious impairment of her left arm. Justice Mitchell deducted $1,500 from the award of future healthcare costs, which was the amount paid for housekeeping in the accident benefits settlement. However, the $1,861.35 paid in past medical benefits in the accident benefits claim was not deducted from the tort award because no evidence was led regarding that amount during trial.
