M Civ JI 50.11 Inability to Determine Extent of Aggravation of Injuries

If an injury suffered by plaintiff is a combined product of both a preexisting [ disease / injury / state of health ] and the effects of defendant’s negligent conduct, it is your duty to determine and award damages caused by defendant’s conduct alone. You must separate the damages caused by defendant’s conduct from the condition which was preexisting if it is possible to do so.

However, if after careful consideration, you are unable to separate the damages caused by defendant’s conduct from those which were preexisting, then the entire amount of plaintiff’s damages must be assessed against the defendant.

Comment

See Schwingschlegl v City of Monroe, 113 Mich 683; 72 NW 7 (1897); Mason v Chesapeake & O R Co, 110 Mich App 76; 312 NW2d 167 (1981); Richman v City of Berkley, 84 Mich App 258; 269 NW2d 555 (1978); McNabb v Green Real Estate Co, 62 Mich App 500; 233 NW2d 811 (1975). See also Belue v Uniroyal Inc, 114 Mich App 589; 319 NW2d 369 (1982).

History

M Civ JI 50.11 was added October 1982.