CACI No. 3928. Unusually Susceptible Plaintiff

Judicial Council of California Civil Jury Instructions (2020 edition)

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3928.Unusually Susceptible Plaintiff
You must decide the full amount of money that will reasonably and
fairly compensate [name of plaintiff] for all damages caused by the
wrongful conduct of [name of defendant], even if [name of plaintiff] was
more susceptible to injury than a normally healthy person would have
been, and even if a normally healthy person would not have suffered
similar injury.
New September 2003
Sources and Authority
• “That a plaintiff without such a [preexisting] condition would probably have
suffered less injury or no injury does not exonerate a defendant from liability.”
(Ng v. Hudson (1977) 75 Cal.App.3d 250, 255 [142 Cal.Rptr. 69], internal
citations omitted, overruled on another ground in Soule v. G.M. Corp. (1994) 8
Cal.4th 548, 574 [34 Cal.Rptr.2d 607, 882 P.2d 298].)
• “The tortfeasor takes the person he injures as he finds him. If, by reason of some
preexisting condition, his victim is more susceptible to injury, the tortfeasor is
not thereby exonerated from liability.” (Rideau v. Los Angeles Transit Lines
(1954) 124 Cal.App.2d 466, 471 [268 P.2d 772], internal citations omitted.)
Secondary Sources
6 Witkin, Summary of California Law (10th ed. 2005) Torts, § 1676
California Tort Damages (Cont.Ed.Bar) Bodily Injury, § 1.86
4 Levy et al., California Torts, Ch. 51, Pain and Suffering, § 51.23[3] (Matthew
Bender)
15 California Forms of Pleading and Practice, Ch. 177, Damages (Matthew Bender)
6 California Points and Authorities, Ch. 64, Damages: Tort (Matthew Bender)
2 California Civil Practice: Torts, § 5:11 (Thomson Reuters)
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