In what circumstances will a plaintiff be awarded a reduction in the amount of damages for future injuries?
British Columbia, Canada
The following excerpt is from Lutz v. Lim, 2009 BCSC 1539 (CanLII):
In my view, and adopting the language used by Major J. in Athey v. Leonati, the plaintiff's foot injury is more in the nature of a "thin skull" case than it is of a "crumbling skull”. The plaintiff's prior foot injury left him vulnerable to future injury. There is little more than speculation to suggest that his current complaints and his ongoing need for treatment would have or might have occurred in any event. There is therefore insufficient evidence to allow me to reduce the award based upon such a contingency.
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