In Bertch v. Shelly, 10 Neb. App. 224, 628 N.W.2d 292 (2001), the trial court failed to give Bertch's proposed jury instruction, based on NJI2d Civ. 4.09, and instructed the jury as follows: "'There is evidence that the Plaintiff had a car accident prior to this one. The Defendants are liable only for any damages that you find to be proximately caused by this accident.'" 10 Neb. App. at 227-28, 628 N.W.2d at 295. Whereas the instruction proposed by Bertch stated the following: "There is evidence that the Plaintiff Linda Bertch had back and neck pain prior to the motor vehicle accident on July 26, 1994. The Defendants are only liable for any damages that you find to be proximately caused by the accident. "If you find from all the evidence that the damages cannot be apportioned as to what was caused by this accident and what was caused by the previous accident, then you are instructed that the Defendants are liable for the entire amount." Id. at 228, 628 N.W.2d at 295.