Bruneau v. Quick

In Bruneau v. Quick, 187 Conn. 617, 633, 447 A.2d 742 (1982), the defendant claimed that the trial court improperly provided the jury with a preexisting injury or 'take the plaintiff as you find him' charge because the aggravation of a preexisting injury was not a theory of the plaintiff's case and there had been ' "absolutely no testimony which suggested that this condition . . . had been aggravated" . . . .' Id. In Bruneau, the trial court determined and our Supreme Court affirmed that there was, in fact, evidence from which the jury reasonably '"could find or infer that the effect on this particular plaintiff of some of the claimed injuries may be different in degree because she had a preexisting condition than if she didn't."' Id., 634.