In McCarthy v. Davies, the Plaintiff was injured in a motor vehicle collision, and brought an ICBC claim for damages for pain and suffering, loss of income, diminished earning capacity, and future care. Liability was admitted by ICBC’S lawyer. The Plaintiff alleged that she suffered from chronic pain in her neck, back, shoulders, and hips. A central issue to the case was the Plaintiff’s pre-existing degenerative disc disease. Counsel for the Plaintiff argued that it was asymptomatic prior to the collision, which caused the Plaintiff’s current injuries. ICBC’S lawyer argued that the Plaintiff’s symptoms would have happened anyways, given her pre-existing condition. The Court, applying the thin skull principle, ruled that the injuries that the Plaintiff sustained in the accident exacerbated her pre-existing, asymptomatic condition, and awarded the Plaintiff $100,000 for her injuries.
 In my view, the evidence establishes the probable cause of Ms. McCarthy’s ongoing neck, upper back and lower back pain is that the injuries she sustained in the accident exacerbated her pre-existing asymptomatic degenerative disc disease. While there was a risk that the degenerative disc disease in her neck and back would become symptomatic at some point in the future, the evidence is that she did not have neck or back pain prior to the accident. As stated by Dr. Leete, there are approximately 10 to 15% of patients who suffer from long term intrusive symptoms as a result of the trauma to their spines from a motor vehicle accident.
 Having reviewed the evidence I have concluded this is one of those cases, and the defendant is liable for Ms. McCarthy’s ongoing symptoms even though they may be more severe than expected due to her pre-existing condition. As stated by the experts, many individuals have degeneration in their spines without any symptoms. Accordingly I conclude Ms. McCarthy’s ongoing symptoms fall within the thin skull rule enunciated in Athey.
 I find that but for the accident Ms. McCarthy would not be suffering from the chronic pain in her neck, shoulder and back with the associated mental distress.