How is liability apportioned between two defendants in a motor vehicle accident for chronic pain syndrome?
Alberta, Canada
The following excerpt is from Seres v. Ramirez, 2006 ABQB 846 (CanLII):
In Goertzen v. Sandstra, [2005] A.J. No. 1134 [ABQB] the plaintiff sustained injuries in two separate motor vehicle accidents. Expert evidence established both accidents caused or contributed to the plaintiff’s physical and psychological injuries, which included chronic pain syndrome. In that case, liability was apportioned equally between the two defendants as it was impossible to establish differing degrees of fault.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
How have courts apportioned the 80-20 split between liability and apportionment of liability in a motor vehicle accident? (Alberta, Canada)
In a motor vehicle accident where there may be multiple causes of damage or injury, can a defendant escape full liability? (Alberta, Canada)
What is the limitation of liability of a defendant in a motor vehicle accident case? (Alberta, Canada)
What is the liability of the named Defendant in a motor vehicle accident? (Alberta, Canada)
In a motor vehicle accident case where the victim is not dead but still exists, is there any case law that supports the presumption that the accident victim’s death is not an accident? (Alberta, Canada)
Does the burden of proof against the Registrar of Motor Vehicles apply to motor vehicle accident claims? (Alberta, Canada)
How is liability apportioned between the parties in a motor vehicle accident? (Alberta, Canada)
Does a co-defendant have to pay the costs of an unsuccessful defendant in a motor vehicle accident action? (Alberta, Canada)
In a motor vehicle accident case, in what circumstances will a plaintiff not be liable for failing to warn the driver of the vehicle that there is no evidence that such warnings would have prevented the accident? (Alberta, Canada)
What is the test for directing a defendant to pay damages in a motor vehicle accident? (Alberta, Canada)
