The plaintiff sustained soft tissue injuries as a result of a rear-end motor vehicle accident and sued the defendants for damages. She had a history of pre-existing pain issues. Following a four week trial, the jury awarded the plaintiff $35,000 in general damages and $20,000 in past loss of income. No damages were awarded for future loss of income or future care costs. On the defendant’s threshold motion, Justice Schabas held that the plaintiff did not meet threshold. He reasoned that her impairments arising from the motor vehicle accident were not permanent. Her ongoing pain was pre-existing and not caused by the accident.
