Is a plaintiff’s damages divided between herniated disc and herniata disc?
Ontario, Canada
The following excerpt is from Paterson v. Skyline Hotels and Resorts Inc., 2018 ONSC 5716 (CanLII):
As I noted above, characterizing a plaintiff’s damages as indivisible or divisible is easy in some cases. In Athey v. Leonati, for instance, the damages related to a single injury – a herniated disc. It was easy to conclude, in that case, that the plaintiff’s damages were indivisible. In another case, a plaintiff may suffer a broken arm in one incident and a broken leg in another. Clearly such damages would be divisible.
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