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The court found the accident caused chronic neck, back and hip injuries, accepted the plaintiff’s expert evidence, and awarded damages for pain, income loss, care, and housekeeping.
On a costs application, the court refused double costs after trial, finding the plaintiff’s eve-of-trial offer was not one the defendant ought reasonably to have accepted.
The court held that a rear-end collision aggravated the plaintiff’s pre-existing neck and back injuries, but reduced damages for failure to mitigate with exercise rehabilitation.
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