What is the test for a “crumbling skull” plaintiff in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Basi v Xia, 2021 BCSC 1324 (CanLII):
Counsel for the defendant submits that this case is an example of a “crumbling skull” plaintiff in that there is a measurable risk that her pre-existing condition would have affected her regardless of the Collision, and that the defendant should not be held responsible for any debilitating effects of that pre-existing condition: Vintila v. Kirkwood, 2016 BCSC 930 at paras. 33–38.
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