Spring 2016 #5

skysn93

In the examiner's report for this question, the information about Kusnierz v Economical is under "Sample answer to almost get full credits". Does anyone have any thoughts as to what information could be added to this solution to get full credit?

graham

It's hard to know what the examiners thought was missing in that's person's answer, but here are a few possibilities:

• a more specific description of the injury: the plaintiff was a passenger in an auto accident and had their leg amputated

You could also provide more detail as follows:

• state how the 50% impairment was determined: losing 1 leg is considered 50% impairment
• state where 5% mental impairment comes from: the person may have psychological difficulties in accepting the loss of their leg

Be more specific on the ruling from the appeals court:

• the appeals court said combining physical and mental impairment was a more reasonable and modern interpretation of SABS

I am actually surprised that this answer did not receive full credit. It's obvious the candidate had good knowledge of the case.