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Threshold Motion

The defendants brought a threshold motion at the completion of the trial, seeking an order declaring that Alan’s client, the plaintiff, had not sustained a permanent and serious impairment of an important physical, mental or psychological function as a result of the motor vehicle accident that occurred on January 31, 2014 and did not meet the threshold. The plaintiff was unable to pursue her dream of becoming a police officer as a result of the injuries she suffered in the accident. As result, the trial Judge determined that the chronic pain suffered by the plaintiff impaired an important function. The plaintiff’s loss of her ability to train for a career as a police officer was determined to meet the criteria for a serious impairment. She was unable to participate in many of her daily activities involving her common law partner and child as a result of her impairments. The plaintiff could not return to work as a UPS loader after the collision. She was employed after the collision as a security guard, but those employment duties were difficult and unpleasant as a result of her injuries. For all of the above reasons, the trial Judge determined that the plaintiff suffered threshold injuries.

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