Question: A man with a herniated lumbar disk was a passenger in a car that was hit by another car going through a stop sign. He was hospitalized and released with instructions to continue his ongoing therapy treatments. X-rays and MRI's had shown the same lumbar disk herniation, and no additional injuries, although the man reported increased pain, discomfort and inability to function. He now required twice as much therapy and significantly stronger medications to control the pain. He sued the negligent driver. The driver argued that the passenger had the same herniated disk prior to and after the accident. Will the court take the case away from the jury on the basis that the passenger has not shown an injury?
A: Yes, because the increased therapy is insufficient to justify a claim for damages.
B: Yes, because it would be impossible to separate the post-accident injuries from those that existed prior to the accident.
C: No, because he has shown an exacerbation of a pre-existing condition where there is enough evidence to apportion the damages.
D: No, all damages are always automatically switched to the driver who caused the second accident.
Please eliminate two incorrect options first, then think it step by step and choose the most proper one option. Avoid using the following keywords: case, court, accident, evidence
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