What are the circumstances in which a plaintiff has been found to be a crumbling skull plaintiff?
Ontario, Canada
The following excerpt is from Noiles v. MTD Products Inc., 2019 ONSC 4642 (CanLII):
These circumstances are distinct from those in Vintila v. Kirkwood where it was found that the plaintiff was “a crumbling skull plaintiff” and the evidence was that her “pre-existing conditions were severe, chronic, long term and disabling from work”.
"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
What is the crumbling skull doctrine and what is the thin skull rule? (Ontario, Canada)
In what circumstances have courts found that a plaintiff was not contributorily negligent when she fell and hit her head on a sidewalk where she was walking at least twice a day? (Ontario, Canada)
Can a plaintiff argue that pre-existing medical conditions, unrelated to any car accident, be taken into account in the context of a crumbling skull theory? (Ontario, Canada)
In what circumstances will a plaintiff be granted leave to file a jury notice after discovery? (Ontario, Canada)
In what circumstances have costs been denied or substantially reduced because of the unsuccessful party's financial circumstances? (Ontario, Canada)
What is the test for a plaintiff to be certified as a plaintiff in a medical malpractice case? (Ontario, Canada)
In what circumstances will a defendant be found guilty of possession of cocaine in a shared apartment? (Ontario, Canada)
In what circumstances will a court order that a plaintiff obtain a different type of medical report? (Ontario, Canada)
Does a material change in circumstances under what circumstances would have changed the terms of an order under which an order was made? (Ontario, Canada)
In what circumstances will a court grant summary judgment against a plaintiff for an improvident sale? (Ontario, Canada)
