Is a plaintiff entitled to compensation for future loss of income as a result of a crumbling skull?
British Columbia, Canada
The following excerpt is from Shaw v. Ivens, 1997 CanLII 528 (BC SC):
With respect to the claim for compensation for future income loss, the defendant submits that the injuries suffered by the plaintiff have not affected his plans for future employment because he had done a role reversal some years before this accident because of his pre-existing condition and he would have been working in and around his home because of what he, the plaintiff, considered his 50% disability. A defendant is not required to compensate a plaintiff in a "crumbling skull" situation for any debilitating effects of the pre-existing condition, which the plaintiff would have experienced in any event: Athey v. Leonati, (1996) 1996 CanLII 183 (SCC), 140 D.L.R. (4th) 235 (S.C.C.)
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