WI · jury_instructions
Wis JI-Civil 1720
Aggravation or Activation of Latent Disease or Condition
In answering subdivision of question, you cannot award any damages for any
(pre-existing disease, condition, or ailment) (predisposition to disease) except insofar as you
are satisfied that the (disease, condition, or ailment) (predisposition to disease) has been
(aggravated) (activated) by the injuries received in the accident on (date). If you find that the
plaintiff had a (pre-existing disease or condition which was dormant) (predisposition to
disease) before the accident but that such (disease or condition) (predisposition to disease)
was (aggravated) (brought into activity) because of the injuries received in the accident, then
you should include an amount which will fairly and reasonably compensate (plaintiff) for
such damages (plaintiff) suffered as a result of such (aggravation) (activation) of the
condition.
Any ailment or disability that the plaintiff may have had, or has, or may later have,
which is not the natural result of the injuries received in this accident, is not to be considered
by you in assessing damages. You cannot award damages for any condition which has
resulted, or will result, from the natural progress of the pre-existing disease or ailment or
from consequences which are attributable to causes other than the accident.
If the plaintiff was more susceptible to serious results from the injuries received in this
accident by reason of a (pre-existing disease or condition) (predisposition to disease) and that
the resulting damages have been increased because of this condition, this should not prevent
you from awarding damages to the extent of any increase and to the extent such damages
were actually sustained as a natural result of the accident.
History
Wis JI-Civil 1720 (1992). ©1992, Regents, Univ. of Wis. Prepared by the Wisconsin Civil Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.
Provenance
- Source
- wilawlibrary.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
2197bc894efe3e0cf9c88c82940479961a2d6475ff1b84769d94220d8c7b4d3a
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