Last updated: 4/8/2013
501.5a Other Contributing Causes Of Damages - Aggravation or Activation of Disease or Defect
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Description
501.5a Other Contributing Causes of Damages - Aggravation or Activation of Disease or Defect If you find that the (defendant)(s) caused a bodily injury, and that the injury resulted in [an aggravation of an existing disease or physical defect] [or] [activation of a latent disease or physical defect], you should attempt to decide what portion of (claimant)'s condition resulted from the [aggravation] [or] [activation]. If you can make that determination, then you should award only those damages resulting from the [aggravation] [or] [activation]. However, if you cannot make that determination, or if it cannot be said that the condition would have existed apart from the injury, then you should award damages for the entire condition suffered by (claimant).