The 27 year old plaintiff suffered soft tissue injuries as a result of a rear-end motor vehicle accident in 2016. She went on to develop chronic pain and anxiety/adjustment disorder. After a 12-day judge-alone virtual trial, Justice Fowler Byrne concluded that the plaintiff satisfied the threshold, and that the plaintiff was entitled to: (1) gross general damages of $100,000; (2) future health care costs of $143,560.78; and $1,993.10 for out of pocket expenses. The claims for past and future income loss were dismissed. Justice Fowler Byrne preferred the plaintiff’s physiatrist, Dr. Friedlander, over the defendant’s physiatrist, Dr. Boucher. She also preferred the plaintiff’s neurologist, Dr. Basile, over the defendants’ neuropsychologist, Dr. Watson and neuroradiologist, Dr. Cheung. She also accepted the opinion of the plaintiff’s psychotherapist, Allan Walton.
