1998 NDJI-CIVIL 1221
A Plaintiff's pre-existing condition does not bar an award of damages. The Defendant is responsible for the Defendant's acts [or omissions] which aggravate the Plaintiff's condition even if those acts [or omissions] would not have caused as extensive an injury to a healthy person.
If a Defendant's wrongful act [or omission] aggravates a pre-existing condition, then the Defendant is responsible for the worsening effect caused by the aggravation, but not for the pre-existing condition. Any damages are limited to the additional injury or worsening of the condition.
The Defendant is not responsible for an aggravation which results from natural causes and is not due to the Defendant's conduct.
Use appropriate bracketed language.
Olmstead v. First Interstate Bank, 449 N.W.2d 804, 808 (N.D. 1989)
Priel v. R.E.D., Inc., 392 N.W.2d 65, 69 (N.D. 1986)
Moser v. Wilhelm, 300 N.W.2d 840, 843-44 (N.D. 1981)
Kuntz v. Stelmachuk, 136 N.W.2d 810, 819-20 (N.D. 1965)