When will a jury strike the jury notice for damages for personal injuries from a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Lomax v. Weins, 2003 BCSC 396 (CanLII):
Patterson v. Rankel, supra, also involved a claim for damages for personal injuries from a motor vehicle accident. The trial was scheduled for three weeks before a jury. Although the defences of inevitable accident and volenti were raised, Cohen J. decided the application to strike the jury notice on a review of the proposed evidence for the damages claim.
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