Bartolone v. Jeckovich

New York Supreme Court, Appellate Division, Fourth Department · 1984 · Property

PropertyTortsAggravation of preexisting conditionPsychological injuryDamagesCausationtake the plaintiff as foundpreexisting condition

Facts

Plaintiff was involved in a four-car chain reaction collision for which defendants were found liable, and he sustained minor physical injuries including whiplash and cervical and lower back strain. Plaintiff's theory at trial was that the accident aggravated a preexisting paranoid schizophrenic condition, leading to an acute psychotic breakdown from which he had not recovered. Plaintiff's medical experts testified that he had previously functioned relatively normally despite a quiescent schizophrenic illness, but the accident impaired the bodily fitness on which his emotional stability depended and precipitated irreversible chronic paranoid schizophrenia. Defendants' expert agreed plaintiff had schizophrenia but denied that the accident exacerbated it.

Issue

Whether there was sufficient evidence for the jury to find that a minor automobile accident aggravated plaintiff's preexisting schizophrenic condition and caused his total and permanent psychological disability. Relatedly, the court had to decide whether the trial court erred in setting aside the jury's $500,000 verdict as unsupported.

Rule

A defendant must take the plaintiff as he finds him and may be held liable in damages for the aggravation of a preexisting illness, including a quiescent psychotic condition activated or worsened by the trauma of an accident. A defendant cannot avoid liability by arguing that the plaintiff's condition might have occurred even without the accident, so long as the evidence supports that the accident aggravated the condition.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Buffalo, Nina Carver was lightly struck by a delivery van owned by Lakefront Parcel Services and suffered a sore shoulder that resolved within weeks. Before the collision, Nina had a dormant bipolar-spectrum disorder that had never prevented her from working steadily as a tailor, but two psychiatrists testify that the accident's trauma destabilized the condition and led to a permanent psychotic state.

If the jury credits Nina's experts, which is the strongest basis for holding Lakefront liable for Nina's full psychological disability?

Explanation. The majority held that a defendant must take the plaintiff as found and may be liable for aggravation of a preexisting illness, including a quiescent psychotic condition activated or worsened by accident trauma. Minor physical injury does not preclude liability if the evidence supports causation and permanent disability. (Derived from Bartolone v. Jeckovich (1984).)