Laceration to right index finger and left thumb (2 centimetres deep)
Quick Take
1Where a jury doubts a plaintiff's reliability based on its observation of the plaintiff in the witness box, it is entitled to disregard or discount medical opinions — particularly psychiatric or psychological diagnoses — that are premised on the history provided by that plaintiff.
2A jury's advantage in evaluating a plaintiff's credibility produces a corresponding advantage in assessing medical evidence based on the plaintiff's history, and an appellate court must give full weight to that advantage when reviewing a verdict for manifest inadequacy.
3The test for setting aside a civil jury verdict on damages requires the applicant to demonstrate that, on the view of the evidence most favourable to the respondent, the assessment was so low (or high) that no reasonable jury properly instructed could have arrived at that figure — a stringent standard that is not met merely because the appellate court would have awarded differently.
