In a motor vehicle accident, what is the impact of spondylolisthesis on a young plaintiff's health?

British Columbia, Canada


The following excerpt is from Olynyk v. Turner, 2012 BCSC 1138 (CanLII):

In Barnes v. Richardson, the plaintiff was 16 years old when he was involved in a motor vehicle accident. He was 21 years old by the time of the trial. He was described by Martinson J. as “very active before the accident” but very much limited afterwards. He had difficulties sleeping; he experienced some mood disturbances, and suffered pain on a regular basis. She was satisfied that he would continue to do so into the future. Although the defendant argued that the plaintiff had failed to mitigate his damages, that plea was dismissed. Of interest in Barnes is the fact that the plaintiff had a pre-existing but asymptomatic congenital spondylolisthesis at the L5-S1 level. That condition was permanently aggravated by the accident. In addition to the activated spondylolisthesis, the plaintiff developed myofascial pain in the muscles supporting his back. In assessing damages, Martinson J. applied the law in Athey, where Major J. wrote that:

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