Benn v. Thomas

1994

Venue: IA SC

Facts: Loras has a history of coronary disease and insulin-dependent diabetes. He'd had a heart attack a few years back. Then he had a car smash. Bruised chest, fractured ankle. Six days later, he has another heart attack and dies.

Posture: Executor sues the other driver. Trial court refuses the "eggshell plaintiff" instruction. Judgment for plaintiff on injuries, but not death. Reversed on appeal. Appeal.

Issue: Was the refusal to give the eggshell instruction reversible error?

Holding: Yes. The reversal is affirmed. :) Remanded for new trial.

Rule: A tortfeasor whose act, superimposed on a prior latent condition, results in injury may be liable for the full extent of the harm.

Reasoning: The rule is that the injury, not the dormant condition, is the proximate cause of the harm.

Dicta: