Is a plaintiff entitled to recover damages from a defendant for damage caused to his back?
British Columbia, Canada
The following excerpt is from Dermody v. Gassler, 2009 BCSC 1072 (CanLII):
However, I am satisfied that his back was symptomatic at the time of the accident, and, in accordance with the crumbling skull principle, he is only entitled to recover damages that reflect the difference between his post-accident condition and his pre-accident condition. The defendant is liable for damage caused which added to the pre-existing damage, but not for the consequences of the pre-existing injury: Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458, 140 D.L.R. (4th) 235.
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