Can a crumbling skull argument succeed where there is no measurable risk that loss or injury would have occurred without the accident?
Ontario, Canada
The following excerpt is from Hartwick v. Simser, 2004 CanLII 34512 (ON SC):
Athey v. Leonati, supra, paragraph 36, also established that the crumbling skull argument cannot succeed where there is no finding of any measurable risk that loss or injury would have occurred without the accident. In the absence of such a finding, there can be no basis to reduce the award to take into account any such risk.
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