Possibilities, probabilities and pre-existing Injuries: a refresher on principles of causation

A common question in personal injuries matters is what impact, if any, a pre-existing condition suffered by a plaintiff will have on a plaintiff's damages claim. The NSW Court of Appeal recently considered whether an appellant's pre-existing neurological degeneration had subsumed the injuries sustained by him as a result of a motor vehicle accident, and thereby limited his entitlement to damages for economic loss.

Facts

The appellant was involved in a motor vehicle accident on 28 August 2000. Following the incident, imaging revealed spinal cord compression and myelomalacia (a pathological softening of the spinal cord). The appellant had suffered neck pain since 1997, and had had surgery in 1998 to treat degenerative disc disease. Despite this surgery, the appellant's degenerative disease was symptomatic up until the time of the motor vehicle