Bartolone
v. Jeckovich
Supreme
Court of
103
A.D.2d 632, 481 N.Y.S.2d 545.
Prosser,
pp. 292-294
Facts: The plaintiff was in a car
accident and afterwards had sort of a nervous breakdown. The plaintiff sued not only for the physical
injuries but for the nervous breakdown.
The jury found for the plaintiff in the amount of $500,000, but the
trial judge set aside the verdict. The
plaintiff appealed.
Issue: Can the defendant be held
liable for aggravating the plaintiff’s pre-existing psychological condition
through his negligence?
Rule: A defendant must “take a
plaintiff as he finds him” meaning that the defendant is responsible for any
harm resulting from the aggravation of a pre-existing illness.
Analysis: The court finds that the plaintiff
had a pre-existing condition such that he was normal until the accident, but
the accident pushed him over the edge into debilitating mental illness. The court says that it is thus appropriate
for the jury to find the defendant responsible for this disability.
Conclusion: The judgment
notwithstanding the verdict is overturned and the original jury verdict is
reinstated.