Conn. Civ. Jury Instr. 3.4-14

There is evidence that the plaintiff had a preexisting condition at the time of the defendant’s

negligent conduct. As previously instructed, the defendant is liable only for the damages you

find that the defendant caused.

When there is evidence that the plaintiff had preexisting condition at the time of the negligent

act, and the plaintiff seeks damages for the negligent act, the preexisting condition may fall into

one of two categories: a dormant condition that was causing no symptoms, disability or injury at

the time of the negligent act, and a preexisting condition that was causing symptoms, disability

or injury at the time of the alleged negligent act.

[<Use the following if there is a claim that the plaintiff suffered from a dormant preexisting

condition:> In this case, the plaintiff claims that the plaintiff had a dormant preexisting condition

at the time of the defendant’s negligent act that was not causing any symptoms, disability or

injury, and seeks full compensation for all of the resulting symptoms, disability or injury. The

plaintiff claims that the defendant’s negligent act caused the dormant, preexisting condition to

become active, resulting in the plaintiff’s symptoms, disability or injury.

The plaintiff is entitled to full compensation for all of the resulting symptoms, disability or injury

even if the resulting symptoms, disability or injury are greater than they would have been if the

plaintiff did not have the dormant, preexisting condition if you find that:

1. the preexisting condition was dormant, causing no symptoms, disability or injury

at the time of the negligent act;

2. the defendant’s negligent act caused the dormant, preexisting condition to become

active; and

3. the defendant’s negligent act was a substantial factor in causing the resulting

symptoms, disability or injury.

The defendant is not liable for, and you may not award, damages that the defendant did not

cause. The plaintiff must still prove that the damages you attribute to the defendant’s conduct

were caused by the defendant and must also prove the extent and duration of the symptoms,

disability or injury. As instructed previously, you may also find that the plaintiff has not proven

that the defendant caused any of the claimed damages.]

[<Use if there is evidence that the plaintiff had symptoms prior to the alleged negligent act:>

If you find that the plaintiff had a preexisting condition that was causing some symptoms or

disability at the time of the defendant’s alleged negligent act, you are to award damages only for

that part of the symptoms, disability or injury that you find was caused by and attributable to the

defendant’s aggravation, exacerbation or worsening of the preexisting condition. The plaintiff

may not recover from the defendant for the preexisting condition that was causing symptoms or

disability from which the plaintiff was already suffering at the time of the alleged negligence of

the defendant. The defendant is not liable for, and you may not award, damages that the

defendant did not cause. The plaintiff must still prove that the damages you attribute to the

defendant’s conduct were caused by the defendant and must also prove the extent and duration of

the symptoms, disability or injury. As instructed previously, you may also find that the plaintiff

has not proven that the defendant caused any of the claimed damages.]