Can a finding of a crumbling skull affect damages?
British Columbia, Canada
The following excerpt is from Perry v. Vargas, 2012 BCSC 1925 (CanLII):
A finding of a “crumbling skull” can affect damages without negating causation. If there is a measurable chance, but not a certainty, that the plaintiff would suffer a harm regardless of the conduct of the defendant, the ultimate award can be reduced according to the weight and relative likelihood of the pre-existing frailty harming the plaintiff: Athey at para. 48; Loveys v. Fleetham, 2012 BCSC 358 at paras. 110-11.
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