WPI 30.17 Aggravation of Pre-Existing Condition
6 WAPRAC WPI 30.17Washington Practice Series TMWashington Pattern Jury Instructions--Civil
6 Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 30.17 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Part IV. Damages
Chapter 30. Personal and Property Damages
WPI 30.17 Aggravation of Pre-Existing Condition
If [your verdict is in favor of the [plaintiff] [defendant], and if] you find that:
(1) before this occurrence the [plaintiff] [defendant] had a pre-existing [bodily] [mental] condition that was causing pain or disability; and
(2) because of this occurrence the condition or the pain or the disability was aggravated,
then you should consider the degree to which the condition or the pain or disability was aggravated by this occurrence.
However, you should not consider any condition or disability that may have existed prior to this occurrence, or from which the [plaintiff] [defendant] may now be suffering, that was not caused or contributed to by this occurrence.
NOTE ON USE
Use bracketed material as applicable. In a directed or admitted liability case, omit the bracketed phrase “if your verdict is in favor of.”
Do not use this instruction as an insert in the damage instruction. It is intended for use as an explanatory instruction if the evidence warrants it.
Use this instruction if the pre-existing condition was causing pain or disability. If the pre-existing condition was merely an infirmity that was not causing pain or disability, use WPI 30.18 (Previous Infirm Condition) or WPI 30.18.01 (Particular Susceptibility). If the evidence is in dispute as to the existence of such pre-existing pain or disability, use both instructions.
COMMENT
This instruction deals with proximate cause. It is not a separate element of damage but it is placed here for convenience.
It is improper to give an instruction of this nature if there is no evidence that any pain or disability was being caused by the pre-existing condition prior to the occurrence. Greenwood v. Olympic, Inc., 51 Wn.2d 18, 23, 315 P.2d 295 (1957); Reeder v. Sears, Roebuck & Co., 41 Wn.2d 550, 557, 250 P.2d 518 (1952).
Use of WPI 30.18 (Previous Infirm Condition) and refusal of this instruction was approved in an action in which there was evidence of a pre-existing condition but insufficient evidence that it was causing pain or disability. Sutton v. Shufelberger, 31 Wn.App. 579, 583–84, 643 P.2d 920 (1982). Use of WPI 30.17 and WPI 30.18 together was approved in an action in which there was a dispute whether the plaintiff's pre-existing condition was dormant or active at the time of the accident. Thogerson v. Heiner, 66 Wn.App. 466, 472–75, 832 P.2d 508 (1992); Bowman v. Whitelock, 43 Wn.App. 353, 358–59, 717 P.2d 303 (1986).
This instruction includes pre-existing mental conditions in addition to pre-existing bodily conditions. See Xieng v. Peoples Nat'l Bank of Wash., 63 Wn.App. 572, 582–83, 821 P.2d 520 (1991) (finding liability notwithstanding the plaintiff's pre-existing post-traumatic stress disorder).
[Current as of April 2021.]
Westlaw. © 2022 Thomson Reuters. No Claim to Orig. U.S. Govt. Works.
| End of Document |