<Causation Issue and Damages to be sought in Tort>
-Initially, there was the issue of causation as the defendant denied liability and argued that the injuries of which the plaintiff was complaining were unrelated to the accident.
-But, the plaintiff’s injuries of subscapularis tendon have progressed over time to a full tear.
-Eventually, the plaintiff’s injuries necessitated surgical repair approximately two years post accident.
-The damages to be sought in Tort: for future loss of income, general damages for pain, suffering and loss of enjoyment of life.