Where a plaintiff suffers psychiatric injury from a first tort and a subsequent tortious incident would have caused injury regardless but the damage is greater because of the pre-existing injured state, the first tortfeasor remains liable for the extra damage attributable to the earlier injury. Settlement with the second tortfeasor does not diminish the first tortfeasor's liability where the claims are separate rather than concurrent. The rule against double compensation from Boncristiano v Lohmann applies to concurrent or overlapping claims for the same damage, not to separate successive tort claims.
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