Venue: |
IA SC
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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. |
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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. |
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Issue: |
Was the refusal to give the eggshell instruction reversible error? |
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Holding: |
Yes. The reversal is affirmed. :) Remanded for new trial. |
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Rule: |
A tortfeasor whose act, superimposed on a prior latent condition,
results in injury may be liable for the full extent of the harm. |
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Reasoning: |
The rule is that the injury, not the dormant condition, is the proximate
cause of the harm. |
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Dicta: |
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