The Plaintiff was 10 years old at the time of the accident on January 14, 1999.  She was diagnosed with a musculoligamentous strain to the cervical spine with some residual tightness in the trapezius and pectoral muscles.  She was also diagnosed in 2008 with a chronic regional myofascial pain syndrome.  This was affected by her poor conditioning and low fitness level. 

The Plaintiff's award for pain and suffering was reduced by 20% due to the fact that she had not pursued an appropriate conditioning and exercise program, despite the fact that these were recommended to her as early as the year 2000. 

The Plaintiff's total award is set out as follows:

             Non-Pecuniary Damages                     $28,000

             Loss of Earning Capacity                     $8,000

             Special Damages                                      $2,820

         TOTAL                                          $38,820

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