Bouchard v. United States

FINDINGS OF FACT AND CONCLUSIONS OF LAW

WOODCOCK, District Judge.

In Lovely v. Allstate Ins. Co., 1 the Maine Supreme Judicial Court adopted the single injury rule: where a tortfeasor aggravates a pre-existing condition, the tortfeasor is liable for the entire damage resulting from an indivisible combined injury and the law burdens the wrongdoer, not the innocent victim, with the difficulties of apportionment. On January 19, 2003, as Richard Bouchard traveled northbound on Route 1 toward Caribou, Maine, he carried with him an unenviable set of pre-existing conditions, ranging from a history of…