What is the impact of the “crumbling skull” argument?
New Brunswick, Canada
The following excerpt is from Ryan v. Said, 2003 CanLII 30871 (NB QB):
107. Mr. Justice Major went on to say in Athey v. Leonati supra, at paragraph 36: “[36] The ‘crumbling skull’ argument is the respondents’ strongest submission, but in my view it does not succeed on the facts as found by the trial judge. There was no finding of any measurable risk that the disc herniation would have occurred without the accident, and there was therefore no basis to reduce the award to take into account any such risk.”
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