...-appellant. 1. Intentional Infliction of Mental Distress § 3.1 (NCI4th) — thin skull rule — proper application There was...no error in the application of the thin skull rule in an action for the intentional infliction of emotional distress by sexual harassment where the trial court charged the jury that it would have to...a finding of liability before application of the thin skull rule, and the jury was instructed that it must so find. 2. Intentional Infliction of Mental Distress § 3.1 (NCI4th...

...asked for was simply a protection order that she not be abused or harassed. You take your victim as you find them. The Thin Skull Rule I think applies that some.... {¶ 18} In support of his assignment of error, appellant contends that the trial court erroneously used the "..., 613 N.E.2d 678. {¶ 22} The "thin skull" or "eggshell plaintiff rule is a creature of tort law, which states, "[A] defendant who neglige...

.... Plaintiff also assigns error to the trial court's instructing the jury on the doctrine of sudden emergency. We agree that the court's refusal to instruct the jury on the thin skull rule was reversible error.... The thin skull rule is the rule of law that a negligent defendant takes the plaintiff as he finds him and, therefore, is liable for the harmful consequences of his negligent act...despite the fact that plaintiff's injuries also resulted from a pre-existing congenital defect unknown to anyone. Defendant concedes in its Brief that the thin skull rule would be relevant to the issue...

...injury, disability, or impairment." This is commonly known as the "eggshell plaintiff doctrine" or "thin skull rule." Defendant argues that such instruction is legally incorrect. We disagree...the following issues: Whether the trial court's instruction to the jury on the respondent's preexisting condition (a "thin skull" or "eggshell" instruction) is supported by the record and was a proper...statement of law. Whether the court of appeals erred in holding that the respondent was entitled to a "thin skull" instruction as her theory of the case. Appeal from the District...

...909, 912 (1980): "* * * Our State recognizes the `special sensitivity' or `thin skull' rule. According to this rule, a negligent defendant is subject to liability.... Rule 31, W.R.Cr.P., provides that the giving of instructions and lodging of objections thereto is to be done pursuant to Wyoming Rules of Civil Procedure. Rule 51, W.R.C.P., provides..., stating distinctly the matter to which he objects and the grounds of his objection. * * *" The rule exists so that the trial court has the opportunity to correct...

.... IV. Schafer contends that the court of appeals erred in holding that Hoffman was entitled to a thin skull instruction as her ...thin skull doctrine. Gary Bahr Bruce Graham, The Thin Skull Plaintiff Concept: Evasive or Persuasive?, 15 Loy. L.A. L. Rev. 409, 410 (1982). The thin skull doctrine declares that foreseeabi.... Id. (citing Rowe, The Demise of the Thin Skull Rule, 40 Mod. L. Rev. 377 (1977...

...aggravate the injury substantially, and the "eggshell skull" or "thin skull" rule, Stoleson v. United States, 708 F.2d 1217 (7th Cir. 1983...would have been much less injurious. Oddly, the leading "eggshell skull" case also involved a kick. Vosburg v. Putney, 80 Wis. 523, 50 N.W. 403 (1891...judge's chambers. The plaintiffs argue that this is not good enough. However, nothing in the text of Rule 51 requires that the objection be stated on the record; and the main purpose of the rule — to give...

..., 115 S.Ct. 359 (1994). This principle is analogous to the "thin skull" rule of negligence law. The tortfeasor's duty of care is measured by the ordinary person...selling such a product, and (b) It is expected to and does reach the user or consumer without substantial change in the condition in which it is sold. (2) The rule stated in subsection (1) shall...

...injuries for which plaintiff seeks recovery." Id. (citations omitted) (emphasis in original). This principle is expressed in the "thin skull plaintiff" rule under which, if the defendant's...recognizes the "thin skull" rule, making tortfeasors liable for the "unusually extensive" damages resulting from their negligence to persons of "peculiar susceptibility," see Lockwood v. McCaskill...effects of the trauma that followed her injury by intervening criminal actors. Because such a holding stretches the thin-skull theory of tort liability to cover the most remote of medical mishaps, I...

...defendant. See id. This is because, as we explained in Casey, the "peculiar susceptibility" doctrine (also referred to as the "thin skull" rule) is relevant to the issue of proximate causation...regarding her alleged pre-existing knee injury and weight condition were relevant to the issue of proximate causation, because under the "thin skull" rule, defendant could be liable for all physical injuries...its discretion in an automobile accident case by denying plaintiff's Rule 59 motion for a new trial where plaintiff contended that the verdict was contrary to the evidence, but the jury finding was...

...pertaining to the thin skull rule." Appellee/cross-appellant timely filed a notice of cross-appeal and now asserts the following as error...by not giving the requested jury instruction as to the thin skull rule. The trial court has discretionary authority in its duty to instruct on the law as it pertains to the case.... Hence, there was no error committed. We now turn to appellants' contention that the trial court erred by not instructing the jury on the thin skull rule, which is "* * * `the...

.... 668 F.2d at 99. Moreover, the Government cites no authority for limiting the "thin skull" or "eggshell skull" rule—described often as the "defendant takes ...victim as found" rule—to cases involving only latent or unmanifested preexisting conditions. This court and district courts within our circuit have expressed approval and acceptance of the "thin skull," "eggshell ...the thin-skull rule; more precisely, extensive research has failed to identify a single United States case disavowing the rule . . . . The essence of this rule prevents a defendant from seeking to...

.... But plaintiff was entitled to lifetime free care in government hospitals; he has extremely serious physical and mental illnesses. Both Maryland and Colorado recognize the "thin skull" rule: "a...

...-related illnesses by voluntarily accepting stressful positions. Generally, these articulated and unarticulated views are reactions to the application of the `thin skull rule' to claims where the offensive...involved in an accident resulting in direct physical injury. Rather, their allegations were that their ailments were caused by heavy workloads, chaotic working conditions, safety and operating rule...

...the facts of this case than the aggravation instruction." The eggshell-plaintiff or thin-skull rule is often described as the concept that the "defendant takes the victim as found...thin skull rule merely holds that the defendant is liable for the unforeseeable aggravation of that preexisting condition . . . ." Id. The aggravation instruction is...statutes incorporate the eggshell skull rule to prevent defendant from avoiding liability in certain cases." (quotation omitted)); Pierce v. S. Pac...

..., the Rademacher rule is a twist on the famous "thin skull rule" of tort law: you take your spouse as you find him or her. When an unmarried person is tortiously injured, the liability created is..., should perhaps be entitled to recover for loss of consortium; the "discovery rule," however, does not affect the principle that a spouse may not recover loss of consortium damages for injury that is...manifest at the time of marriage. See Rademacher, supra, 257 A.D. at 91, 13 N.Y.S.2d at 124. The Rademacher rule makes a degree of sense when applied to the spouse of...

..."predisposition to injury" or other special sensitivity is often involved in the context of the so-called "thin skull" or "eggshell skull" plaintiff. In .... 1992), the court noted in dictum that the Newbury rule is equivalent to the "thin skull" rule: one who injures another suffering from a pre-existing condition...responsible for the pre-existing condition. Rather, the defendant is liable for aggravation of the condition. Under this rule, sometimes referred to as the "thin skull" doctrine, the fact that...

...find no error in the trial court's refusal to instruct the jury in language that Ms. Reynolds erroneously contends stated her theory of the case. 3. Failure to give a thin skull instruction. Ms. Reynolds...malpractice causes of action. In both cases, the plaintiffs requested a jury instruction on the thin skull rule. In both cases the respective trial courts refused to give such an instruction. In affirming...the trial courts' ruling on the thin skull rule in Howe and Shia, this Court found that the defendants in those cases did not attempt to avoid responsibility by asserting that any...