Investor Presentaiton
SPARROWHAWK V. ZAPOLTINSKY (2012)
Plaintiff involved in accident in 2005, resulting in an injury to the mouth and temporomandibular joint
dysfunction (TMD) of the jaw. The insurance company sought to cap the damages on the basis that
the injuries were minor. The court disagreed and confirmed that jaw injuries did not meet the
definition of "minor".
"[132] There are therefore three independent bases to conclude that Mr. Sparrowhawk's jaw and mouth
injuries are not minor injuries:
1. the tooth and cartilage injuries are not muscle, tendon, ligament, or WAD injuries,
2. the jaw injury caused serious impairment, and
3. all injuries treated principally by dentists, such as TMD and tooth injury, are never minor injuries."
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