Maan v. Todd
Defendant liable for rear-end collision; on balance the court preferred the plaintiff's neurosurgical and psychiatric experts (Drs. Heran and Waisman) over the defendant's experts and found the MVA caused chronic left-sided neck/shoulder pain (including probable TOS and ulnar neuropathy/double crush), cervicogenic headaches and materially exacerbated pre-existing PTSD and major depressive disorder leading to somatic symptom disorder; plaintiff entitled to damages assessed by a capital approach for loss of earning capacity with contingencies and specific awards for non-pecuniary loss, housekee…
Source excerpt
- Liability
- Causation
- Non-pecuniary damages
- Loss of earning capacity
- Cost of future care
- Credibility and expert evidence