Friday, October 10, 2014

Bartolone v. Jeckovich case brief summary

Bartolone v. Jeckovich case brief summary

F: P sustained minor injuries from D’s negligence, however, he alleges that he suffered more serious injury from a previous accident that D was found liable.
TC set aside jury verdict rendered in favor of P that there was no basis on which the jury could conclude that P’s total mental breakdown could be attributed to a minor accident.

I: When a minor accident caused by negligent party aggravated the preexisting health condition of P, and leaving him totally and permanently disabled, then whether negligent party is liable.
R: D is liable to P in damages for the aggravation of P's preexisting illness due to D's neg. conduct
P, although apparently suffering from a quiescent psychotic illness, had been able to function in a relatively normal manner until the accident, which aggravated his schizophrenic condition leaving him totally and permanently disabled; D must take a P as he finds him and, therefore, may be held liable in damages for aggravation of a preexisting illness; moreover, P should not be denied recovery because his condition might have occurred even without the accident.

C: reversed
Co: eggshell skull defendant D takes P as he finds him

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