Free Proposed Jury Instructions - District Court of Colorado - Colorado

Case 1:04-cv-01143-JLK

Document 59

Filed 02/01/2006

Page 1 of 1

Jury Instruction No. For the plaintiff, Dolly Lau, to recover damages for the aggravation of a pre-existing condition, you must find both of the following have been proved: 1. Before September 28, 2001, the plaintiff suffered from neck, back and left

shoulder pain, 2. Clarence Johnson's negligence made the plaintiff's neck, back and left

shoulder pain worse. If you find that both of these statements have been proved by a preponderance of the evidence, it is your duty to determine, if possible, the amount of damages, if any, caused only by the negligence of Clarence Johnson. If you are able to separate the amount of damages, if any, caused by the negligence of Clarence Johnson from the amount of damages, if any, caused by the ailment or disability which existed before September 28, 2001, then the plaintiff is entitled to recover damages caused only by the negligence of Clarence Johnson. If you are unable to separate the damages caused by the ailment or disability which existed before September 28, 2001, and the damages caused by the negligence of Clarence Johnson, then Clarence Johnson is legally responsible for the entire amount of damages.

C.J.I. Civ. 6:8 (CLE ed. 2004) Aggravation of Pre-Existing Condition