Bartolone v. Jeckovich
Supreme Court of NY - 1984
- P was involved in a car accident in which the Ds were found liable. D suffered an acute psychotic breakdown from which he has not recovered.
- The accident aggravated a pre-existing paranoid schizophrenic condition which has totally and permanent disabled him.
- Jury found for P, trial court set aside the verdict.
- NY Supreme Court reversed, reinstated jury's verdict.
- May a D be held liable in damages for aggravation of a pre-existing illness?
- A D must take a P as he finds him and may be held liable in damages for aggravation of a pre-existing illness.
- There is plenty of precedent for this decision. (Bonner, Steinhauser).
- Ds cannot avail themselves of the argument that the P should be denied recovery because his condition might have occurred even without the accident.
- This is an exception to the foreseeability requirement. (will see another in rescuer cases)