The Lawyer Daily quotes Vancouver lawyer Gavin Cameron in an article on the use of the “crumbling skull” doctrine in a B.C. court trial.
Gavin Cameron, an associate at Fasken Martineau in Vancouver and counsel for the appellant, said this case highlights the need to take into consideration a plaintiff’s pre-existing condition.
“It seems to sound a caution against invoking the principle or label , which I think on reading of the Court of Appeal’s reasons is to say pre-existing conditions are something that always have to be taken in to account,” he said. “Ascribing the label of crumbling skull can lead to analytical confusion and take things down the wrong path. I’m not sure that it clarifies things doctrinally or changes the law, but I think it does raise a note of caution of invoking the principle simply because a plaintiff, like many plaintiffs, may have had conditions in advance of an accident.”