• 2003 - Damages - Aggravation of Pre-existing Condition
  • C-70.22
    • Damages
    • Damages
  • A Plaintiff's pre-existing condition does not bar an award of damages. The Defendant is responsible for the Defendant's fault which aggravates the Plaintiff's condition even if that fault would not have caused as extensive an injury to a healthy person. If a Defendant's fault aggravates a pre-existing condition, then the Defendant is responsible for the worsening effect caused by the aggravation, but not for the pre-existing condition. Any damages are limited to the additional injury or worsening of the condition. The Defendant is not responsible for an aggravation which results from natural causes and is not due to the Defendant's fault.
    • Kuntz v. Stelmachuk, 136 NW2d 810, (ND 1965
    • Moser v. Wilhelm, 300 NW2d 840 (ND 1981)
    • Olmstead v. First Interstate Bank, 449 NW2d 804 (ND 1989)
    • Priel v. RED, Inc., 392 NW2d 65 (ND 1986)
    • Tuhy v. Schlabsz, 1998 ND 31, 574 NW2d 823
  • Notes: