This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Pre-Existing Condition. For more information on personal injury see the pages on Wikipedia.
Pre-Existing Condition-Cases
2001 Radvany v. Davis, 262 Va. 308, 551 S.E.2d 347.
Evidence in this personal injury action justified granting of instruction on aggravation of preexisting condition in light of evidence that plaintiff in fact had preexisting condition that was not symptomatic, but became symptomatic after the injury.
1995 Wood v. Bass Pro Shops, 250 Va. 297, 462 S.E.2d 101.
Personal injury action wherein plaintiff alleged mental suffering. Trial court properly allowed evidence of prior psychiatric treatment of plaintiff for depression.
1994 Weeks Marine v. Gillikin, 247 Va. 89, 439 S.E.2d 341.
Plaintiff in this Jones Act case had ulcers. Evidence indicated that pain medication aggravated condition. Jury question as to whether or not that was proper element of damage.
1976 Tanner v. Life of Virginia, 217 Va. 218, 227 S.E.2d 693.
Action on life insurance policy. Pre-existing condition was contributing cause of death.
1968 State Farm Mut. Ins. Co. v. Futrell, 209 Va. 266, 163 S.E.2d 181.
Instruction on pre-existing disability.
1965 Beasley v. Bosschermuller, 206 Va. 360, 143 S.E.2d 881.
Jury instruction could have misled jury to believe that plaintiff’s prior condition caused or contributed to his present injury. This was error even though there was evidence that his prior condition made his injuries more difficult to treat.
1961 Watford v. Morse, 202 Va. 605, 118 S.E.2d 681.
One who negligently inflicts personal injury on another is responsible for all ill effects which, considering condition in which plaintiff was in when he received injury, naturally and necessarily follow such injury.
1960 Ragsdale v. Jones, 202 Va. 278, 117 S.E.2d 114.
Court properly instructed jury that if they believed plaintiff was susceptible to emotional upset or more susceptible to emotional disturbance than ordinary person at time and place of accident, and that this condition in her made her injuries more severe or more aggravated or difficult to cure, she can, if she is entitled to recover, recover for additional aggravation and difficulty resulting from injuries but not for any pre-existing disability.
