BENN v. THOMAS

No. 92-933.

512 N.W.2d 537 (1994)

Carol A. BENN, As Executor of the Estate of Loras J. Benn, Deceased, Appellant, v. Leland R. THOMAS, K-G, Ltd., and Heartland Express, Inc., of Iowa, Appellees.

Supreme Court of Iowa.

February 23, 1994.


Attorney(s) appearing for the Case

Gary L. Robinson and Jeffrey P. Taylor of Klinger, Robinson, McCuskey & Ford, Cedar Rapids, for appellant.

John M. Bickel and Diane Kutzko of Shuttleworth & Ingersoll, Cedar Rapids, for appellees.

Considered by McGIVERIN, C.J., and HARRIS, LARSON, SNELL, and ANDREASEN, JJ.


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 plaintiff's 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...

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