With respect to the plaintiff’s shoulder injury, in my view the thin skull doctrine that applies. As was stated in Athey v. Leonati, at para. 34, the rule applies even if the inherent vulnerability was unexpectedly severe. There was, in this case, a latent vulnerability in the shoulder condition due to the shoulder acromion. The plaintiff had some trouble with it, but there is no evidence that he had taken time off work or was in any way disabled as a result. Had the accident not occurred, the acromion might never have affected the plaintiff or resulted in any necessity for surgery. The defendant is wholly liable for the plaintiff’s shoulder injury, which I might add, with the surgery in 2005, has largely resolved.
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