Texas Pattern Jury Charges: General Negligence, Intentional Personal Torts, & Workers' Compensation Page: 341

                                
PERSONAL INJURY DAMAGES

PJC 28.9        Personal Injury Damages-Exclusionary Instruction for
Preexisting Condition That Is Aggravated
Do not include any amount for any condition existing before the occurrence
in question, except to the extent, if any, that such other condition was aggra-
vated by any injuries that resulted from the occurrence in question.
COMMENT
When to use-after question, before elements of damages. PJC 28.9 should be
given if there is evidence that the plaintiff was suffering from a prior physical infirmity
that was aggravated by the occurrence in question. See Dallas Railway & Terminal v.
Ector, 116 S.W.2d 683 (Tex. 1938); Armellini Express Lines ofFlorida v. Ansley, 605
S.W.2d 297 (Tex. Civ. App.-Corpus Christi 1980, writ ref'd n.r.e.), disapproved on
other grounds by Pope v. Moore, 711 S.W.2d 622 (Tex. 1986); see also Yellow Cab &
Baggage Co. v. Green, 277 S.W.2d 92 (Tex. 1955). If applicable, this instruction
should be given after the question and before the elements of damages (PJC 28.3-28.5,
29.3-29.6, and 30.3).
When not to use-if liability question uses "injury." If the liability question in
PJC 4.1 is submitted with the term "injury," PJC 28.9 should not be submitted.
Discussion of standards. For discussion of the standards governing submission
of this instruction, see James B. Sales, Limitations on Recovery of Damages in Per-
sonal Injury Actions, 18 S. Tex. L.J. 217, 238-46 (1977).

341

PJC 28.9