What is the test for an application for a civil jury in a motor vehicle accident?
Alberta, Canada
The following excerpt is from Shipanoff v. Landry, 2008 ABQB 212 (CanLII):
The facts in this case resemble Gennaro v. Lawrick , 2001 ABQB 128 in which an application for a civil jury was granted. In that case, the plaintiffs received a variety of injuries due to a rear-ending. However, both plaintiffs had also received very similar injuries in unrelated incidents between 7 and 10 years earlier. The application for a civil jury was granted nonetheless, however, as the medical records had indicated that the plaintiff’s conditions had largely resolved before the second accident.
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