What are the elements of the "crumbling skull" rule?
British Columbia, Canada
The following excerpt is from Clower and Sexton v. Poeckert, 2007 BCSC 409 (CanLII):
This is a trial that will involve not one plaintiff but three plaintiffs each with separate claims for personal injuries and resulting loss caused by the motor vehicle accident. Each of the claims will involve a consideration of the pre-accident conditions of each of the plaintiffs and how their pre-accident conditions have affected their post-accident conditions, if at all. This will involve a consideration of the legal issues raised in Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458, by the “crumbling skull” rule.
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