VA · jury_instructions
Va. Model Jury Instr. Civ. No. 21.015
Aggravation of Pre-Existing Condition
You have received evidence of (describe plaintiff’s pre-existing condition).
The railroad is liable to the plaintiff only for damages you find to be caused by the railroad’s
negligence.
If you find that the plaintiff’s pre-existing condition made him more susceptible to injury than a
person in good health, the railroad is responsible for all injuries suffered by the plaintiff as a result
of its negligence, even if those injuries are greater than those a person in good health would have
suffered under the same circumstances.
If you find that the railroad negligently caused further injury or aggravation to the plaintiff’s
pre-existing condition, the plaintiff is entitled to compensation for all of his damages caused by the
incident, including the further injury or aggravation. If you cannot separate the pain or disability
caused by the pre-existing condition from that caused by the incident, then the railroad is liable for
all of the plaintiff’s injuries.
History
Virginia Model Jury Instructions – Civil, Release 26, April 2026. The unannotated set, posted by the Supreme Court of Virginia at vacourts.gov; the book states that it is made available with the permission of the publisher, Matthew Bender & Company, Inc.
Provenance
- Source
- vacourts.gov
- Retrieved
- 2026-10-11
- Edition
- civ-2026-04-01
- Content hash
99c4c70a17f9ae405b57279d9c3b41f9e07c23588eaf4d92137c79e479e0ed42
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