If a plaintiff has a crumbling skull, does the crumbling skull rule entitle her to additional damages?
British Columbia, Canada
The following excerpt is from McArthur v. Hudson, 2013 BCCA 375 (CanLII):
Conversely, if the pre-existing condition was manifest and disabling, or would have become so in any event in the future, then the crumbling skull rule entitles the plaintiff only to additional damages suffered by the plaintiff as a result of the accident (Smyth v. Gill, 2001 BCCA 650).
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