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Where (1) a passenger in a vehicle suffered a fractured nose in an accident allegedly caused by the negligence of the defendants, (2) the passenger, a recovering drug addict, was prescribed narcotics, and (3) he died of an overdose four days later, a motion by the defendants for summary judgment should be denied because the preexisting condition rule is applicable to drug addiction.
“Under Massachusetts law, a wrongdoer who injures a person with a preexisting physical or mental condition is liable for all the harm that results from the combination of the injury and the preexisting condition, even where that harm exceeds the harm normally caused by such an injury alone. … This case raises the issue of whether that rule applies where the preexisting condition is drug addiction.
“The decedent, Matthew Cardoso, was injured in a motor vehicle accident allegedly caused by the negligence of Zachary M. Martin and Freeman J. Perry. Cardoso was a recovering drug addict who successfully abstained from narcotics by taking Vivitrol, a medication that controls drug addiction. Cardoso required surgery for the injury suffered in the collision. The surgery required him to abstain from Vivitrol and take narcotics prescribed by his surgeon. Four days after the surgery, Cardoso relapsed and died from acute fentanyl and oxycodone intoxication. …
“So far as this court is aware, our appellate courts have never applied the preexisting condition rule (or, more memorably, the ‘eggshell skull’ rule) where the preexisting condition is drug addiction. …
“… Drug addiction should be governed by the same rule that applies to all other preexisting conditions.
“… Since there is evidence that Cardoso’s death was caused by a combination of his preexisting drug addiction and the injury received in the motor vehicle collision, the plaintiff is not required to prove Cardoso’s death was reasonably foreseeable to prove causation.”
Cardoso v. Martin, et al. (Lawyers Weekly No. 12-035-24) (12 pages) (McGuire, J.) (Bristol Superior Court) (Civil Action No. 217300199) (Sept. 8, 2024).
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