160.27. Measure of Damages-Federal Employers Liability Act Aggravation of Pre-Existing Condition

160.27 Measure of Damages, Federal Employers' Liability Act Aggravation of PreExisting Condition If you find for [name of plaintiff], you should compensate [name of plaintiff] for any aggravation of an existing disease or physical defect resulting from such injury. If you find that the pre-existing condition made [him] [her] more susceptible to injury than a person in good health, [name of defendant] is responsible for all injuries suffered by [him] [her] as a result of [their] [its] [her] negligence. This is true even if those injuries are greater than would have been suffered by a person in good health under the same circumstances. If you find that there was an aggravation of a pre-existing condition you should determine what portion of [name of plaintiff]'s condition resulted from the aggravation and make allowance in your verdict only for the aggravation. However, if you cannot make the determination or if it cannot be said that the condition would have existed apart from the injury, then [name of defendant] is liable for all of the injuries.