The Thin Skull
Q: The deliveryman knocked. Would I please open the basement door to receive a tank of gas? I did; it tumbled and caused me to fall. I suffer from osteoporosis. This was a disaster.
On an uneven surface, the deliveryman had left the tank unattended in a hand truck. The truck was missing the chain normally used to secure the tank, which weighed about 90 pounds.
A: Your attorney will argue that osteoporosis is abnormal or unsound only when tested by a standard of perfection. Common speech does not call it a disease or infirmity. Osteoporosis is at worst a predisposing tendency, remote in its potential mischief.
A sufferer from hernia, with a predisposition to rupture, can still recover. So can one whose bones have become brittle with the departure of the first years of youth. Suppose that someone with an abnormally thin skull is struck a blow which would not seriously injure a normal person, but which brings about death. The cause of death is not the thinness of the skull, but the receipt of the blow.
Seemingly, your case is a prime candidate for summary judgment: the deliveryman’s negligent conduct was the sole proximate cause of your injuries; the defendants cannot even begin to raise a triable issue of fact.
By: Scott Baron,
Attorney at Law Advertorial
The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice.
Copyright © 2014-2020 Scott Baron & Associates, P.C. All rights reserved. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 1750 Central Park Ave, Yonkers, NY 10710 718-738-9800, 914-337-9800, 1-866-927-4878