People Are Vulnerable, Not Eggshells
The concepts addressed by the jury instructions in PJC 28.8A-C, and the case law surrounding eggshell plaintiffs, can be a welcome tool for a jury to understand the injured vulnerable victim and embrace the reality of imperfection.
August 22, 2022 at 01:12 PM
5 minute read
On an afternoon like any other, a new lawsuit lands on an insurance company adjuster's desk. They learn that an employee driving a commercial motor vehicle for its insured crashed into and injured someone on a nearby highway. The insured's employee is at fault per the police report. The person claims to have lasting neck and back injuries, which required surgery a few months ago. The insurance adjuster assigns counsel to begin litigating the case for its insured, now turned defendant. Three months into discovery, the defendant's counsel finds a would-be opening. The plaintiff had a similar accident five years ago and reported hurting their upper back. The adjuster and the attorney are relieved—this is now an eggshell plaintiff case.
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