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Torts keyed to Robertson
Follett v. Jones
Facts
The defendant collided with the plaintiff’s car while driving. The plaintiff went to the hospital to get checked out and the doctor took several x-rays. The x-rays revealed that the defendant suffered several injuries stemming from the accident. It was also discovered the defendant had terminal lung cancer and he died 17 days after the accident. An expert witness testified at trial that the plaintiff eventually would have died from the lung cancer, but the crash accelerated the time of death. The jury found that the defendant was the actual cause of the plaintiff’s death and warded damages. The defendant argued since there was no evidence of how long the plaintiff’s life expectancy was shortened due to the crash, he should prevail.
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