Eggshell Skull Example

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Two boys, Pete and Victor, were sitting across from each other in their classroom at school.  Pete kicked Victor on his shin so lightly that Victor did not immediately feel it.  However, minutes later Victor was crying out in pain due to the injury.  Over the next week, the wound swelled and surgery was performed on Victor's shin.  The surgeons found that Victor's shin bone was damaged from an earlier sledding accident and the kick that Pete delivered to Victor's shin exacerbated the injury, causing bone degradation and irreparable harm to the leg.  Due to these events, Victor would never use the leg again. 

Victor sued Pete for the damages he incurred.  The eggshell skull rule says that a tortfeasor must take his victim as he finds him.  Damages are not mitigated because the victim is more susceptible to injury than an average person.  Therefore, the court ruled against Pete for the full amount of damages incurred by Victor even though the kick would not have normally caused the extent of injury he sustained.