BENN V. THOMAS
512 N.W.2d 537 (1994)
NATURE OF THE CASE: This was a dispute over the failure to instruct the jury on the
eggshell plaintiff rule. Benn (P) challenged the refusal of the trial court to give an
instruction consistent with the 'eggshell plaintiff' rule.
FACTS: P (Benn's executor) sued Thomas (D) for injuries and the death of Benn after D's
car rear ended the van in which Benn was a passenger. A medical expert testified for P that
Benn had a history of coronary disease and insulin dependent diabetes. Benn had a heart
attack in 1985 and was at risk for having another. The expert gave testimony that the
accident that Benn was in was the straw that broke the camel's back and the cause of Benn's
death. Other medical evidence was adduced that indicated that the accident did not cause
Benn's death. P requested the eggshell plaintiff instruction. The trial judge denied that
request and gave the general charge with causation determined to be a substantial factor.
The jury returned a verdict of $17,000 and gave nothing for Benn's death and in a special
verdict determined that D's negligence did not cause Benn's death. The Court of Appeals
reversed the trial court. This appeal resulted.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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