Bruckman v. Pena
Colorado Court of Appeals
487 P.2d 566 (Colo.App. 1971)
Relevant factsFree
Pena (plaintiff) was injured in a car accident caused by Bruckman (defendant), then suffered aggravation of those same injuries in a second, unrelated car accident. The jury was instructed that if it could not apportion the injuries between the two accidents, Bruckman would be liable for the entire amount, and it awarded Pena $50,000; Bruckman appealed, challenging that instruction.
IssueFree
Whether a plaintiff may recover damages from a defendant for injuries the plaintiff sustained in a later, separate incident unconnected to that defendant's own wrongdoing.