Benn v. Thomas,

512 N.W.2d 537 (1994)

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Nature of the Case

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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.