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ARTICLE · 07 JUNE 2024

The Court Grants Additional Expert Reports (The Three Expert Rule): Norris v Vomacka

Scott Venturo Rudakoff LLP
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In Norris v Vomacka, 2024 ABKB 312 (https://canlii.ca/t/k4vlg) , the Plaintiff was injured in a motor vehicle accident and sought $150,000 in general damages in addition to a loss of income claim and special damages.

CanadaLitigation, Mediation & Arbitration
Noah Hodgson
Noah Hodgson
Chelly Francisco (Student-at-Law)
Chelly Francisco (Student-at-Law)
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Case Summary

In Norris v Vomacka, 2024 ABKB 312 (https://canlii.ca/t/k4vlg) , the Plaintiff was injured in a motor vehicle accident and sought $150,000 in general damages in addition to a loss of income claim and special damages. As a result of the collision, the Plaintiff suffered from chronic pain, psychological compromise, and functional impairments. He also had ongoing memory issues and disequilibrium which impacted his ability to work at his pre-accident capacity.

The Plaintiff submitted three expert reports to support his claim for damages, one of which suggested further assessments from a neuropsychologist and an ENT specialist to provide expert opinions on post-concussive effects and disequilibrium. However, section 558.1 (2) of the Insurance Act, RSA 2000, c I-3 only allows three expert reports to be tendered to support damages claims in a motor vehicle accident where the value of the claim is in excess of $100,000.

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