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IL · jury_instructions

Ill. Pattern Jury Instr. (Civil) 160.27

Measure of Damages, Federal Employers' Liability Act Aggravation of Pre-Existing

activein force · 2026-08-19 – presentas-observed

Condition

If you find for [(plaintiff's name)], you should compensate [(plaintiff's name)] for any

aggravation of an existing disease or physical defect resulting from such injury. If you find that

the pre-existing condition made [him] [her] more susceptible to injury than a person in good

health, [(defendant's name)] is responsible for all injuries suffered by [him] [her] as a result of

[their] [its] [his] [her] negligence. This is true even if those injuries are greater than would have

been suffered by a person in good health under the same circumstances.

If you find that there was an aggravation of a pre-existing condition you should determine

what portion of [(plaintiff's name)] condition resulted from the aggravation and make allowance

in your verdict only for the aggravation. However, if you cannot make the determination or if it

cannot be said that the condition would have existed apart from the injury, then [(defendant's

name)] is liable for all of the injuries.

Provenance

Source
illinoiscourts.gov
Retrieved
2026-08-20
Edition
2026-08-19
Content hash
be2d6ac9a033f38f9c6161a3c10ac4154ad18ec6b00fe163217ecb72bd7753d3
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