Sarah Iris, a middle-aged woman, was struck down as she crossed the street at 41st and Knight, by a car whose driver accidentally went through a red light.She was not killed, but was badly injured.Unfortunately, she was suffering from osteoporosis, a condition in which her bones had lost most of their mass and were fragile and brittle.Consequently, the bones in her legs were not expected to heal.She lost the use of her legs.She successfully sued the driver for negligence.With regard to the amount of damages to be paid by the defendant, which of the following is correct?

Question

Quizplus · Accepted Answer

The defendant's negligence caused Sarah Iris to lose the use of her legs due to her pre-existing condition of osteoporosis. Therefore, the defendant should be responsible for the full extent of injury suffered by Sarah Iris, which in this case is the loss of use of her legs. Special damages only cover out-of-pocket expenses incurred as a result of the injury, and the legal limit of maximum damages does not apply in this situation. The amount of damages should be proportional to the extent of injury actually suffered by Sarah Iris, and not based on what an average person would have suffered. Therefore, option C is the correct choice.

Sarah Iris, a Middle-Aged Woman, Was Struck Down as She