Torts I, Page 282–283

Kramer Service, Inc. v. Wilkins

Supreme Court of Mississippi, 1939

Facts:

Plaintiff was a guest in defendant's hotel and received a cut on his forehead from a piece of glass from a broken transom when plaintiff opened the door. The condition existed long enough for defendant to have notice of it. Defendant's injuries did not heal properly and skin cancer developed at the site.

Procedural History:

Jury found for the plaintiff.

Issue:

Can the jury determine causation not able to be traced to by experts in the subject?

Defendant's Argument:

One doctor says such an injury causing cancer is very improbable. Another says it's impossible.

Reasoning:

Allowed the jury act as if the cause was undisputed because of the result happened would be inviting fallacious folly.

Rule/Holding:

Where the issue lies wholly beyond the range of the experience or observation of laymen and of which they can have no appreciable knowledge, court and juries must of necessity depend upon and accept the undisputed testimony of reputable specialists.

Judgment:

Affirmed as to liability; reversed an remanded on the issue of the amount of the damages in allowing recovery for the skin cancer in addition to the original cut on the forehead.


Warning: Undefined variable $geo in /home/public/ads.php on line 131

Warning: Undefined variable $geo in /home/public/ads.php on line 131

Warning: Trying to access array offset on value of type null in /home/public/ads.php on line 131

Warning: Undefined variable $geo in /home/public/ads.php on line 134

Warning: Undefined variable $geo in /home/public/ads.php on line 134

Warning: Trying to access array offset on value of type null in /home/public/ads.php on line 134

Warning: Undefined variable $geo in /home/public/ads.php on line 134

Warning: Trying to access array offset on value of type null in /home/public/ads.php on line 134

Warning: Undefined variable $geo in /home/public/ads.php on line 134

Warning: Trying to access array offset on value of type null in /home/public/ads.php on line 134

Warning: Undefined variable $geo in /home/public/ads.php on line 134

Warning: Trying to access array offset on value of type null in /home/public/ads.php on line 134