M Civ JI 50.04 Element of Damage - Aggravation of Preexisting Ailment or Condition

… the *(increase in [ describe ] arising from aggravation of a preexisting ailment or condition)

Note on Use

*Insert this element in M Civ JI 50.01 Measure of Damages—Personal and Property if the proof justifies submitting the issue of aggravation of a preexisting ailment or condition. Insert language describing the particular aggravation, such as increased “pain in his left leg,” or “disability from loss of sight.”

If it appears from the evidence that the jury may have difficulty determining the damages caused by defendant as compared to those resulting from a preexisting ailment or condition, M Civ JI 50.11 Inability to Determine Extent of Aggravation of Injuries should be given.

Comment

Reasonable compensation may be awarded for the increase of pain and suffering, increased disability, and related expenses arising from aggravation of a preexisting ailment or condition. Schwingschlegl v City of Monroe, 113 Mich 683; 72 NW 7 (1897); Mosley v Dati, 363 Mich 690; 110 NW2d 637 (1961); Rypstra v Western Union Telegraph Co, 374 Mich 166; 132 NW 140 (1965).

History

M Civ JI 50.04 was SJI 30.04.