Does a plaintiff have a crumbling skull?
British Columbia, Canada
The following excerpt is from M.R.K. v T.L, 2021 BCSC 1588 (CanLII):
This is also where the term “crumbling skull” comes into play. A plaintiff who would have suffered the loss had the accident not occurred had a “crumbling skull” and although the accident may have played a role in her injuries, it may not contribute to her loss. But if it contributed to her loss, then she is entitled to be compensated, but only for the portion of the loss caused by the defendants: Gordon v. Ahn, 2017 BCCA 221 at paras. 33 and 36.
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