Follett v. Jones

481 S.W.2d 713 (1972)

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Nature of the Case

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Facts

P was driving a pick-up truck when a collision occurred between it and a car driven by D. Jones sustained three non-displaced broken ribs, contusions, abrasions, and a blow to his head as a result of the accident. He died 17 days later. Unbeknownst to P, he had terminal cancer of the lung. It was discovered from the x-rays taken to determine the extent of the injuries to his chest. The autopsy listed the cancer as the cause of his death. Medical testimony from two physicians was presented to establish that the death was proximately caused by the accident. One testified that 'the injuries received in the automobile accident hastened his death' and, further, the death was a result of 'a combination' of the injuries and the cancer. P would have eventually died of the cancer had the accident never occurred. The other medical expert testified: 'I believe that his injuries hastened his death.' A jury found D negligent in causing the accident, and that D's negligence was the proximate cause of P's death. The jury awarded $ 3,867.89 damages to P as administratrix and $8,000.00 to her individually. D appealed.