A tortfeasor whose act, superimposed upon a prior latent condition, results in an injury may be liable in damages for the full disability. Major teams Cumberland. People v. Benn, No. II. B185375. Age: 50 year old male. To deprive the plaintiff estate of the requested instruction under this record would fail to convey to the jury a central principle of tort liability. Benn Thomas Individuals win awards, Teamwork wins the game. Director of Maintenance, Millennium Aviation. Benn v. Thomas (1994) Proximate cause: Unexpected harm . D argued that it probably would have happened without the accident because of the preexisting condition. Subsequently, Carol A. Benn, as executor of Loras's estate, filed suit against defendants Leland R. Thomas, the driver of the semi-tractor, K-G Ltd., the owner of the semi-tractor and trailer, and Heartland Express, the permanent lessee of the semi-tractor and trailer. Benn sustained a fractured ankle and chest bruising, yet 6 days later had a heart attack and died. Based on Dr. Davia's testimony, the estate requested an instruction to the jury based on the "eggshell plaintiff" rule, which requires the defendant to take his plaintiff as he finds him, even if that means that the defendant must compensate the plaintiff for harm an ordinary person would not have suffered. Thomas had 2 siblings: Mary Benn and one other sibling . Quimbee might not work properly for you until you. For the purposes of simplicity, we will refer to all defendants in the singular. briefs keyed to 223 law school casebooks. Thiruvananthapuram. The jury found that Thomas’s negligence was not the proximate cause of Benn’s death. D.C. 154, 172, 413 F.2d 1061, 1079 (1969)). Six days later he died of a heart attack. Has lived in: Related with: Premium Report. The best result we found for your search is Thomas J Benn age 70s in Trexlertown, PA in the Trexlertown neighborhood. Decided: May 02, 2007 Mazur & Mazur, Janice R. Mazur and William E. Mazur, Jr., El Cajon, for Plaintiffs and Appellants. Read our student testimonials. Sanders v. Ghrist, 421 N.W.2d 520, 522 (Iowa 1988). 66 matches were found for Thomas Benn. Defendant further claims that the instructions that the court gave sufficiently conveyed the applicable law. See Priel v. In the special verdict, the jury determined the defendant's negligence in connection with the accident did not proximately cause Loras's death. Benn Thomas CHAMBERLAIN. The proximate cause instruction in this case provided: See Iowa Uniform Jury Instruction 700.3. The court of appeals concluded that the trial court's refusal constituted reversible error. *541 DECISION OF COURT OF APPEALS AFFIRMED; DISTRICT COURT JUDGMENT REVERSED AND REMANDED. The record in this case warranted an instruction on the eggshell plaintiff rule. We have, however, explicitly approved such an instruction in two prior cases. You can try any plan risk-free for 30 days. Restatement (Second) of Torts § 461 (1965) ("The negligent actor is subject to liability for harm to another although a physical condition of the other ... makes the injury greater than that which the actor as a reasonable man should have foreseen as a probable result of his conduct."). His early work was mostly figurative; much of his later work is inspired by the Bible, particularly the Book of Psalms. On June 30, 1988, the Appellate Division unanimously denied Benn's application. Id. Benn v. Thomas Iowa Supreme Court 1994 Prepared by Dirk Facts:-Loras Benn was driving and was rear-ended by defendant, Thomas. Shortly after the match ended, McClellan … Co., 69 N.W. Although the eggshell plaintiff rule has been incorporated into the Damages section of the Iowa Uniform Civil Jury Instructions, we believe it is equally a rule of proximate cause. 512 N.W.2d 537 (1994) NATURE OF THE CASE: This was a dispute over the failure to instruct the jury on the eggshell plaintiff rule. The procedural disposition (e.g. law school study materials, including 801 video lessons and 5,200+ We’re not just a study aid for law students; we’re the study aid for law students. Benn had a history of coronary disease, diabetes, had suffered a heart attack, and was at risk of having another. General Info. Contrary to the appellant's contention, the plaintiff was not required to prove that the appellant knew or should have known of the existence of the exact item of debris which caused his fall (see, Fundaro v. 2d 537 (Iowa 1994) Prepared by Candice Facts: In this case, defendant rear ended the decedent’s van and caused him The rule of law is the black letter law upon which the court rested its decision. Address. Add Industry — eg, Real Estate, Finance... Add Tags — eg, Finance, Business2Business... Thomas Benn doesn’t have a summary yet. Benn argued that appellate counsel's representation was ineffective in *205 that he neglected to appeal trial counsel's failure to suppress defendant's identification testimony. Benn v. Thomas - 512 N.W.2d 537. The district court denied this request. If you logged out from your Quimbee account, please login and try again. Defendant contends that plaintiff's proposed instruction was inappropriate because it concerned damages, not proximate cause. View the profiles of professionals named "Benn Thomas" on LinkedIn. / Benn v. Thomas. 7/1 on skybet, reckon thats decent value . Kerala, India. Sign up for a free 7-day trial and ask it. 4. Subsequently, Carol A. Benn, as executor of Loras's estate, filed suit against defendants Leland R. Thomas, the driver of the semi-tractor, K-G Ltd., the owner of the semi-tractor and trailer, and Heartland Express, the permanent lessee of the semi-tractor and trailer. ... Lenroy Thomas is a given at some stage. There are 5 professionals named "Benn Thomas", who use LinkedIn to exchange information, ideas, and opportunities. 1986); W. Page Keeton et al., Prosser and Keeton on The Law of Torts § 43, at 292 (5th ed. The trial judge instead instructed the jury to determine proximate cause based on whether the accident was a substantial factor in Benn’s death. Find Thomas Benn in the United States. 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