SCHAFER V. HOFFMAN
831 P.2d 897 (1992)
NATURE OF THE CASE: Schafer (D) appealed a decision which affirmed a jury verdict in
favor of Hoffman (P).
FACTS: D was driving drunk and struck P, a pedestrian. P sustained numerous injuries,
including a compression fracture in a spinal vertebra, a concussion with intracranial
bleeding, a fractured femur in her left leg, and torn cartilage in her left knee. P also
sustained other injuries to her left leg, left hand, and right elbow. D admitted negligence
in the operation of his vehicle but contended that P had pre-existing injuries for which he
was not liable because they were not caused by his conduct. D elicited testimony that P had
been treated two months prior to the accident, in November 1987, for pain in her right knee.
She could not fully extend her knee at that time and was taking Motrin (a drug designed to
decrease swelling of arthritic joints) on an as-needed basis. P was also prescribed
Darvocet, a mild pain killer, and Chlorinol, an anti-inflammatory drug, during November
1987. Medical records from 1978 indicated that P previously complained of intermittent low
back pain and discomfort with forced flexion. P had problems with her knee for as long as
four years (prior to the date of the report). Another doctor indicated that P's vertebra
fracture might be old. The jury also heard evidence that P's knee had some degeneration as a
result of the normal aging process, that P might be predisposed to causalgia, and that P's
knee surgery was delayed longer than the average person's because of her blood clotting
condition. D objected to the giving of a thin-skull instruction on the grounds that the
instruction told the jury that they may not refuse or reduce the amount of damages because
of P's pre-existing physical ailments. P got the verdict and D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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