Tatro v. Bennett
In a personal-injury case, even if a plaintiff already suffered from a pre-existing condition, a court can award economic damages for medical expenses and non-economic damages for pain and suffering. The plaintiff, Everett Tatro, alleged that the defendant, Stephen Bennett, was negligent. After a trial to the court, the court found that Tatro proved, by a preponderance of the evidence, that Bennett's alleged negligence constituted the proximate cause of the subject collision. The plaintiff also proved that Bennett's alleged negligence aggravated the plaintiff's pre-existing condition and increased the plaintiff's permanent partial disability. The plaintiff's enjoyment of life's activities allegedly decreased. The plaintiff did not prove that the plaintiff decided to retire from work as a result of the subject collision and injuries. The plaintiff was not entitled to damages for loss of wages. The plaintiff's insurance company, Response Worldwide Insurance Co., failed to prove that the plaintiff contributed to the subject collision. The court awarded economic damages in the amount of $63,874 and non-economic damages, for pain and suffering, in the amount of $125,000.