Haw. Civil Jury Instr. 7.3

In determining the amount of damages, if any, to be awarded

to plaintiff(s), you must determine whether plaintiff(s) had an

injury or condition which existed prior to the [insert date of

the incident] incident. If so, you must determine whether

plaintiff(s) was/were fully recovered from the pre-existing

injury or condition or whether the pre-existing injury or

condition was latent at the time of the subject incident. A

pre-existing injury or condition is latent if it was not causing

pain, suffering or disability at the time of the subject

incident.

If you find that plaintiff(s) was/were fully recovered from

the pre-existing injury or condition or that such injury or

condition was latent at the time of the subject incident, then

you should not apportion any damages to the pre-existing injury

or condition.

If you find that plaintiff(s) was/were not fully recovered

and that the pre-existing injury or condition was not latent at

the time of the subject incident, you should make an

apportionment of damages by determining what portion of the

damages is attributable to the pre-existing injury or condition

and limit your award to the damages attributable to the injury

caused by defendant(s).

If you are unable to determine, by a preponderance of the

evidence, what portion of the damages can be attributed to the

pre-existing injury or condition, you may make a rough

apportionment.

If you are unable to make a rough apportionment, then you

must divide the damages equally between the pre-existing injury

or condition and the injury caused by defendant(s).