Nairn v. Merlino
Tim was a union glazier who was T-boned at an intersection. He suffered soft-tissue injuries to his neck that prevented him from returning to his job, hanging large glass panels on skyscrapers. With the opinion of a neuro-surgeon, the defendant argued that his inability to work was due to a pre-existing condition, spinal stenosis, of which Mr. Nairn was unaware but was visible on diagnostic imaging. After hearing from an expert orthopaedic surgeon at trial and from people who knew Mr. Nairn best, both before and after the accident, the jury awarded enough compensation to replace his inability to work and to compensate him for his pension losses.