Does a plaintiff have to be "already manifest and presently disabling" in order to be considered an "inevitable" cause of injury?
British Columbia, Canada
The following excerpt is from Banga v. Takhar et al., 2003 BCSC 1822 (CanLII):
I do not believe that a pre-existing condition needs to be “already manifest and presently disabling” in order to consider the “inevitability” issue. That was the situation in Pryor v. Bains, but in Athey (above), at ¶36 Major J. stated: The “crumbling skull” argument is the respondent’s 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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