Injury Victim called “Crumbling Skull” gets New Trial

In a short but forceful unanimous three panel decision, the Court of Appeal has rung the death knell for the term “crumbing skull” to describe physical and mental conditions that may deteriorate in the future (Gordon v. Ahn,2017 BCCA 221). Other similar terms used by the court in the past include “psychological thin skull”, “eggshell personality” and “eggshell skull”.…

Read more

$85,000 Award for Moderate Soft Tissue Injury Pain and Suffering

The injury claimant was a passenger involved in a car  which occurred at an intersection in the Kitsilano area of Vancouver. There were no police or ambulance called to the scene. The claimant went home and saw a doctor the following day (Picton v. Fredericks,2016 BCSC 1470). This is a classic example of a psychological crumbling skull case. When trying to…

Read more

$85,000 Injury Award for Pain and Suffering Reduced for Degenerative Spine

The medical consensus was that the car accident victim had pre-existing degenerative changes of the lumbar spine which pre-dated the two motor vehicle accidents in question.  The issue was to what extent the injury claimant may have suffered chronic low back pain despite the car accidents (Hoy v. Williams,2014 BCSC 234)The weight of medical opinion…

Read more