Nobody is perfect.
Having a pre-existing condition is not a sin nor even, necessarily, a disability. The problem arises when that pre-existing condition combines with the trauma of an accident to produce a significant injury that is painful and disabling. It would surely be reasonable and fair to protect the rights of the victim in an action against the wrongdoer. A Florida Appellate Court was faced with this situation recently. It reviewed the law and concluded that two important jury instructions must be given in order to protect the rights of the victim.