PJC General Negligence 2024

P ERSONAL I NJURY D AMAGES

PJC 28.8

PJC 28.8

Personal Injury Damages—Instructions in Cases Involving Preexisting Injury or Condition or Subsequent Aggravation of Injury

PJC 28.8A Personal Injury Damages—No Aggravation of

Preexisting Symptomatic Condition or Injury and No Eggshell Plaintiff

Do not include any amount for any injury or condition that did not result from the occurrence in question.

PJC 28.8B Personal Injury Damages—Aggravation of Symptomatic Preexisting Injury or Condition

If the damages you found have resulted in part from any preexisting injury or condition that was causing symptoms at the time of the occurrence in question, do not include any amount for any such preexisting injury or condition, except to the extent the preexisting injury or condition was aggravated by the occur rence in question.

PJC 28.8C Personal Injury Damages—Asymptomatic Preexisting Injury or Condition—Eggshell Plaintiff

If a preexisting injury or condition was not causing any symptoms at the time of the occurrence in question but made the plaintiff more susceptible to injury than a person without that injury or condition, include damages, if any, resulting from a combination of the preexisting injury or condition and the occurrence in question.

PJC 28.8D Personal Injury Damages—Instructions in Cases Involving Subsequent Aggravation of Injury

If any injury proximately caused by the negligence of Don Davis is aggra vated by a subsequent event, and the subsequent aggravation was not proxi mately caused by the negligence of Paul Payne , include the damages resulting from the subsequent aggravation of any such injury in the amount of damages, if any, you find was proximately caused by the negligence of Don Davis .

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