"Thin Skull" Damages into "Crumbling Skull" Damages - Bogoroch ...

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accident, the plaintiff’s symptoms would not have occurred. Brennan J. concluded that, given his
pre-existing condition, the plaintiff was more vulnerable to back injuries than an ordinary victim.
Brennan J. therefore applied the Athey principles with respect to thin skull plaintiffs and held that,
in light of the fact that the defendant had not proved on a balance of probabilities that the plaintiff
would have reached the same condition based solely on his pre-existing problems, the defendant was
liable for all losses flowing from the plaintiff’s injuries 19 .
19 Ibid. at 4-5.