What is the test for determining whether a plaintiff has a history of back problems predating the accident?
British Columbia, Canada
The following excerpt is from Triebwasser v. Strelley, 1998 CanLII 5598 (BC CA):
I turn then to the issues relating to causation. The respondent had a history of back problems predating the first accident, but it was conceded that he did not have any overt symptoms from his pre-existing condition at the time of the first accident. Consequently, the principle relating to “manifest and disabling” symptoms pre-existing the accident was not involved and there was no need to charge the jury on that aspect of causation, known as the principle in Pryor v. Bains (1986), 69 B.C.L.R. 395. The trial judge gave an instruction to the jury on the “thin skull” principle.
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