What is the test for determining whether a plaintiff has pre-accident emotional and psychological difficulties?
British Columbia, Canada
The following excerpt is from Prasad v. Sedivy, 2008 BCSC 443 (CanLII):
The plaintiff relies upon Lomax v. Weins, 2003 BCSC 1354. That is a case, as with the case at bar, in which the defendants to some extent suggested that there were pre-accident emotional and psychological difficulties. The court observed that the plaintiff was of average intellectual level, but that he had experienced troubling family dynamics in his childhood, had been traumatized by observing violence and also had a learning disability.
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