Is Nadeem liable for a second motor vehicle accident?
British Columbia, Canada
The following excerpt is from Mohammed v. Frey and Middleton, 2006 BCSC 205 (CanLII):
Nadeem’s counsel submits that even if the second accident did not immediately aggravate Nadeem’s back, it must have made his back more vulnerable to symptoms from any later activities, and on the authority of Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458, as long as the defendant’s negligence materially contributed to the occurrence of an injury, the defendant is fully liable even though his act alone was not enough to create the injury.
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