Brief Fact Summary. The plaintiff suffered whiplash and other injuries as a result of a car crash. His injuries aggravated a pre-existing schizophrenic condition.
Synopsis of Rule of Law. The defendant must take the plaintiff as he finds him and maybe liable fore aggravating pre-existing illnesses.
The circumstances of those cases as well as those of the case before us illustrate the truth of the old axiom that a defendant must take a plaintiff as he finds him and hence may be held liable in damages for aggravation of a preexisting illness.View Full Point of Law
Issue. Whether the defendant is liable for the schizophrenic condition of the plaintiff.
Held. The defendant is liable for aggravating the plaintiff’s pre-existing psychological condition.
Discussion. The evidence demonstrates that the plaintiff lead a normal active life before suffering minor physical injuries in the car accident. Expert medical testimony explained how the injuries lead the plaintiff to exhibit schizophrenic behaviors. The defendant must take the plaintiff as they find him. The plaintiff must demonstrate a predisposition to the resultant psychological illness and in this case he did.