Generally speaking, the defendant in a Tennessee car accident case “takes the plaintiff as he finds her.” In other words, if the plaintiff had medical issues at the time of the accident, any exacerbation of these conditions is taken into consideration in determining the money damages to which the plaintiff (assuming that the defendant is held liable for causing the accident).
This is not to say that the defendant is held liable for the plaintiff’s pre-existing condition itself, only that the defendant cannot argue that another individual who did not suffer from the plaintiff’s physical limitations would not have been harmed in the accident or would have received less severe injuries.
Facts of the Case
In a recently decided appellate case, the plaintiff filed suit in the Circuit Court for Davidson County seeking monetary compensation for injuries she suffered in a motor vehicle accident that she alleged was caused by the defendant’s negligence. The case was tried to a jury and resulted in a verdict of $70,000 in the plaintiff’s favor. The trial court entered judgment for the plaintiff for a slightly smaller amount, after reducing the jury’s award because the amount they awarded for medical expenses exceed that which was entered into evidence at trial. The defendant appealed. Continue reading