Benn v. Thomas

McGIVERIN, Chief Justice.

The main question here is whether the trial court erred in refusing to instruct the jury on the “eggshell plaintiff’ rule in view of the fact that plaintiffs decedent, who had a history of coronary disease, died of a heart attack six days after suffering a bruised chest and fractured ankle in a motor vehicle accident caused by defendant’s negligence. The court of appeals concluded that the trial court’s refusal constituted reversible error. We agree with the court of appeals and reverse the judgment of the trial court and remand for a new trial.

I. Background facts and…