What is the test for a civil jury application in a rear end collision involving pre-existing injuries as well as a subsequent accident?
Alberta, Canada
The following excerpt is from Shipanoff v. Landry, 2008 ABQB 212 (CanLII):
A civil jury application was granted in Shilmover v. Schubert (2000) 273 AR. 359, 2000 ABQB 782, which also dealt with a rear end collision which involved pre-existing injuries as well as a subsequent accident. Over 15 expert reports were anticipated, yet a civil jury was nevertheless deemed appropriate.
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