Eggshell Plaintiff Doctrine in Georgia Personal Injury Cases

Georgia’s Eggshell Plaintiff Rule – Overview and Rationale

The Legal Foundation

Georgia courts have long embraced the eggshell plaintiff doctrine as a fundamental principle of tort law. The Court of Appeals stated it plainly: “It has long been the rule that a tortfeasor takes a plaintiff in whatever condition he finds him.”

A negligent actor must bear the risk that his liability will be increased by reason of the actual physical condition of the other toward whom his act is negligent. This rule comes from the Restatement (Second) of Torts § 461.

What the Doctrine Means in Practice

This means a defendant cannot argue that an injury is too severe relative to the accident because the plaintiff was especially fragile. If the defendant’s negligent act triggers or worsens an injury – even to an unexpected degree – Georgia law holds the defendant fully accountable for that harm.

The rationale is rooted in fairness. An innocent victim’s prior condition should not allow a wrongdoer to escape full liability for the consequences of their negligence.

Three Key Aspects of the Eggshell Rule

1. Pre-Existing Physical Conditions Don’t Excuse Liability

Under Georgia law, a defendant “must accept the plaintiff as they are,” even if a latent condition makes the injury far more severe. The classic metaphor is a plaintiff with an eggshell-thin skull.

If a minor impact causes catastrophic injury, the defendant is liable for the catastrophe, not a mere bruise. This is the actual harm caused, and Georgia courts apply this to any physical condition that predates the tort.

2. Mental Health and Unusual Sensitivities

The eggshell rule is not limited to bones and tissue. It can also encompass psychological and emotional vulnerabilities.

If a plaintiff’s mental state or prior trauma makes them suffer greater emotional distress from a defendant’s conduct, the defendant is responsible for the full extent of that injury. This is subject to Georgia’s standard rules on recovery of emotional damages.

Georgia courts have acknowledged the eggshell principle in contexts involving emotional distress. Tortfeasors take their victims as they find them.

3. Eggshell vs. Prima Facie Case

Importantly, the eggshell plaintiff doctrine does not prove negligence by itself. The plaintiff must still establish duty, breach, causation, and damage in the usual way.

The rule affects the extent of damages once liability is found. It does not relax the initial burden of proving the defendant caused some injury to the plaintiff.

Foreseeability of the exact injury is not required. A defendant cannot use lack of foreseeability of the extent of harm as a defense on causation. But the plaintiff must show the defendant’s act was a cause-in-fact and proximate cause of injury.

Aggravation of Pre-Existing Physical Conditions

The Core Principle

Pre-existing medical conditions are at the heart of many eggshell plaintiff scenarios. Georgia law is clear that a plaintiff may recover for any aggravation or acceleration of an existing injury or condition caused by the defendant’s negligence.

The defendant is not charged with the condition itself. But they are liable for the difference between the plaintiff’s condition before and after the injury. This requires careful evidence of causation and degree.

Full Compensation for Aggravation

If an accident worsens a prior injury or disease, the plaintiff can recover damages for that exacerbation. The jury may award damages for the extent to which the condition was made worse or for any new injuries superimposed on the old.

AT Systems Southeast, Inc. v. Carnes

In this case, the plaintiff had pre-existing obesity and circulatory problems that complicated her recovery from a hip fracture. The defense argued the jury should not be instructed on the eggshell rule.

The Court of Appeals disagreed. It held that even slight evidence of a pre-existing condition justifies charging the jury on the eggshell plaintiff doctrine.

The jury was permitted to award full damages for the hip injury and its complications. This was true even though her obesity and health issues made those complications more severe.

The verdict of over $1.25 million (including pain and suffering) was upheld. The court implicitly recognized that her fragility did not lessen the defendant’s responsibility.

Plaintiff’s Burden – Proving Causation of Aggravation

While the eggshell doctrine is plaintiff-friendly, Georgia courts still require plaintiffs to prove that the accident aggravated the pre-existing condition. Causation is often the battleground in these cases.

A plaintiff should be prepared with medical evidence distinguishing the new aggravation from the prior state. This usually requires expert testimony.

Building Your Evidence

Medical records might show that a degenerative disc disease was asymptomatic or managed before a car crash. But after the crash the condition became painful and required surgery.

Evidence like that helps establish the crash as the proximate cause of the aggravation of the back condition. Without such evidence, a jury might believe the ongoing problems are due entirely to the pre-existing condition, not the accident.

Strategic tip: Plaintiff’s counsel should obtain past medical records and expert opinions to draw a clear “before and after” comparison for the jury. This isolates the defendant’s impact on the plaintiff’s health.

No Reduction for “Baseline” Vulnerability

Georgia law does not allow apportionment of damages based on a hypothetical “normal” plaintiff. The defendant cannot argue, “We should only pay 50% because half of this injury is due to the plaintiff’s weak condition.”

As long as the negligence triggered or exacerbated the harm, the defendant is liable for 100% of the resulting damage. The only reduction would be for the plaintiff’s own comparative fault, if applicable.

The jury’s task is to decide the total damages caused by the incident. This inherently includes the aggravation of any prior condition. The eggshell rule forbids any discount because the plaintiff was not healthy to begin with.

Jury Instructions on Pre-Existing Conditions

The Standard Jury Charge

Georgia trial courts often give a specific jury charge when there is evidence of a pre-existing injury. This charge typically explains that a defendant is responsible for any injury or worsening of a prior condition caused by the defendant’s negligence.

This holds true even if the plaintiff was more susceptible to injury. At the same time, the charge may clarify that the jury should not award damages for any pre-existing condition itself that was not affected by the defendant’s actions.

Example Pattern Charge

A pattern charge might read:

“If you find the defendant’s negligence aggravated a pre-existing condition of the plaintiff, the defendant is liable only for the aggravation or acceleration of that condition and not for the prior condition standing alone. However, any such aggravation is to be fully compensated, even if a person without that condition might have sustained less harm.”

This instruction aligns with the eggshell doctrine’s mandate of full liability for actual consequences. It ensures the jury distinguishes between the original condition and the extent of harm caused by the accident.

Case Illustration – Setliff v. Littleton

In this 2003 case, a 15-year-old plaintiff suffered knee injuries in a car crash. The defense suggested that some of her knee problems stemmed from other causes rather than the collision.

These suggested causes included sports, genetics, or a prior incident. The trial court charged the jury on both the aggravation of pre-existing conditions and the eggshell plaintiff rule.

The jury returned a substantial verdict for the plaintiff.

The Appeal

On appeal, the defendant argued the charges were improper. They claimed the charges supposedly emphasized the plaintiff’s case and there was “no evidence” she was an eggshell plaintiff.

The Court of Appeals flatly rejected that argument. It noted the defense itself had introduced theories of a pre-existing or alternative cause for the knee damage.

This opened the door to the plaintiff’s eggshell and aggravation instructions.

The Holding

The court held that even slight evidence of a pre-existing condition or susceptibility justifies instructing the jury on these principles. Doing so did not unduly emphasize anything or confuse the jury.

Application to Mental Health and Emotional Injuries

Georgia’s eggshell plaintiff doctrine applies with equal force to mental health conditions or psychological fragilities. However, there are a few additional considerations.

Physical Impact Requirement

Georgia generally follows the “impact rule.” This means a plaintiff cannot recover for emotional distress due to negligence unless there was also a physical injury or impact.

Exceptions exist for certain special cases. But in the typical personal injury context, an accompanying physical injury is required.

When Physical Injury Exists

In cases of physical injury, plaintiffs can recover for all emotional and psychological consequences of the accident. This is true even if those consequences are worse because of a pre-existing mental condition.

For instance, if a car wreck physically injures a plaintiff and also triggers a severe depressive episode or PTSD relapse due to the plaintiff’s prior mental health history, the defendant is liable for the entirety of that mental harm as well.

The eggshell rule does not allow the defense to say “the plaintiff was already emotionally fragile, so we should pay less for pain and suffering.” So long as the mental injury is causally linked to the defendant’s act (and the impact rule is satisfied), it is compensable.

Georgia Case Law on Mental Vulnerability

While most Georgia appellate cases on eggshell plaintiffs involve physical conditions, the logic extends to psychological injury. The courts have recognized that tortfeasors take victims as they come, whether the weakness is physical or mental.

Lee v. State Farm (1999)

In this case, a concurring opinion cited the eggshell rule. It argued that a defendant must account for the full extent of a mother’s emotional trauma after an accident injuring her child.

The opinion noted that we “do not allow a tortfeasor to assert that he could not foresee that his victim would suffer more injuries than another person.”

Although that case involved complex issues and was divided on other grounds, it reflects the broader understanding. Unforeseeable severity of mental anguish is no defense.

Application to Intentional Torts

Similarly, in intentional tort cases (like intentional infliction of emotional distress), Georgia law would not permit a defendant to escape liability simply because the plaintiff had a pre-existing anxiety disorder that made them suffer more from the outrageous conduct.

Strategy – Proving Exacerbation of Mental Conditions

Evidence Requirements

From a practice standpoint, proving a link between the accident and a spike in psychological symptoms requires expert testimony. This typically comes from a psychiatrist or psychologist.

Corroborating evidence from family or friends about changes in the plaintiff’s behavior or mood is also helpful.

Building the Case

The plaintiff’s attorney should document any history of mental illness or sensitivity. This includes prior diagnoses or treatment.

Then show how the post-accident mental state is markedly worse. This might involve pointing out that a previously managed condition (like controlled PTSD or depression) became acute and debilitating after the trauma.

The eggshell doctrine will ensure the defendant cannot avoid liability for this aggravation. But only if the causal connection is persuasively drawn.

Expect Defense Challenges

Expect defense experts to argue that the psychiatric condition would have flared up anyway or is unrelated to the accident. A well-prepared plaintiff’s case will rebut this with timeline evidence and expert opinions on proximate cause.

Hypothetical Illustration

A Georgia plaintiff with a history of anxiety is involved in a low-speed car accident caused by the defendant. The collision results in relatively minor physical injuries.

But it triggers a severe panic disorder in the plaintiff. She begins experiencing frequent panic attacks and requires extensive psychological therapy.

Under the eggshell plaintiff rule, the defendant is liable for the full scope of the plaintiff’s mental suffering and treatment costs resulting from the accident-induced aggravation of her anxiety disorder.

The defense cannot avoid damages by arguing that a person without anxiety would not have these psychological injuries. The focus is on what actually happened to this plaintiff, not on an average person’s hypothetical reaction.

Extent of Liability vs. Unrelated Conditions

Defendants Can Still Challenge Causation

Defendants remain free to argue that some portion of the plaintiff’s problems are due solely to the pre-existing condition, not due to the accident at all.

The eggshell rule prevents reducing liability due to an eggshell trait. But it does not make the defendant liable for conditions that were untouched by the accident.

Example of Unrelated Conditions

For example, if a plaintiff had a chronic back condition that causes pain independent of any trauma, and a car accident then injures the plaintiff’s knee, the defendant isn’t paying for the back pain. The back was unrelated to the accident.

In practice, disputes often arise over how much of the plaintiff’s post-accident suffering is attributable to the accident versus the natural progression of a pre-existing ailment.

Georgia law entrusts this question to the jury as a matter of proximate cause and fact.

Jury’s Role in Parsing Causation

The jury may hear evidence that the plaintiff’s degenerative disc disease was going to require surgery eventually with or without the accident. And also evidence that the accident made the need immediate.

If persuaded, the jury might attribute a certain amount of pain and medical expense to the accident’s acceleration of the condition. Perhaps some portion to what the plaintiff would have experienced anyway.

While eggshell doctrine bars any legal reduction for abnormal vulnerability, it is ultimately up to the jury to parse the medical evidence. They decide what consequences were caused by the defendant.

Plaintiff Strategy

Good plaintiff lawyering will frame all doubtful questions in favor of the accident being the tipping point. Show that it made a latent condition symptomatic or a mild condition severe.

This maximizes the damages linked to the defendant’s conduct. Causation battles often require dueling experts.

Georgia courts will not disturb a jury’s verdict on damages if there is evidence supporting the causal link to the defendant’s act.

Preparing for Defense Tactics

Two Common Defense Approaches

In personal injury litigation, defense attorneys commonly raise the issue of pre-existing conditions in two ways:

1. To contest causation - Arguing the injury was not caused by the accident but by the condition
2. To argue damages are exaggerated - The “you weren’t hurt that bad, you just have a bad back” approach

The eggshell rule primarily combats tactic (b).

Plaintiff’s Response Strategy

As plaintiff’s counsel, you should object to any defense suggestion that effectively asks the jury to discount damages because of the plaintiff’s inherent condition.

It may be necessary to remind the court (perhaps in a motion in limine or at the charge conference) that such arguments run contrary to Georgia law. Unless framed strictly as causation.

The Causation Reframe

A skillful defense will indeed frame it as causation. For example: “This accident didn’t cause the need for surgery; the degeneration did.”

This is a permissible argument. You must then use medical evidence and expert testimony to rebut this on the facts.

But you should also ensure the jury gets the legal guidance that if the accident aggravated or accelerated the condition, the defendant is fully liable for that aggravation.

Leveraging the Doctrine in Settlement Negotiations

Pre-Trial Advantage

Understanding the eggshell plaintiff rule can be a powerful tool even before trial. If you represent a plaintiff with known vulnerabilities, you can make it clear to the opposing side that Georgia law will not let them off the hook lightly.

Often, insurance adjusters will balk at large damages in cases where the visible impact seems minor. For example, a low-speed collision resulting in extensive surgery or disability.

In these complex cases, hiring an experienced personal injury attorney is crucial to ensure your rights are protected.

Using Case Law to Educate

Presenting opposing counsel with Georgia case law (like Carnes or Setliff) demonstrating that juries can and do award full damages in eggshell scenarios may encourage a more reasonable settlement.

Conversely, be aware that insurers might undervalue eggshell cases. They assume (incorrectly) that they can convince a jury the injury was mostly pre-existing.

Counter the Undervaluation

Plaintiff’s counsel should counter this by marshaling the evidence of how the defendant’s actions unleashed the harm.

In some instances, it may help to obtain treating physician statements explicitly using language like “within a reasonable degree of medical certainty, the trauma aggravated the pre-existing condition.”

Such statements dovetail with the legal standard the jury will be instructed on.

Practical Strategies for Plaintiff’s Attorneys

As experienced personal injury trial lawyers, we have strategies to recover full damages for our clients, even when they have pre-existing conditions or vulnerabilities.

1. Embrace the Client’s Vulnerabilities

Rather than viewing a client’s pre-existing condition as a liability, frame it as a reason why full compensation is necessary. The law is on the plaintiff’s side to prevent any discount for that vulnerability.

We explain to the jury that the defendant doesn’t get to choose an iron man as his victim. He must deal with the actual person he hurt, fragile health and all.

2. Lay the Groundwork with Evidence

We meticulously document the plaintiff’s medical background and how the incident changed it. Use “before and after” witnesses and records to show the delta in plaintiff’s condition post-negligence.

A clear causal narrative will empower the jury to apply the eggshell rule confidently. They’ll know that the harm was indeed caused by the defendant, even if magnified by the plaintiff’s condition.

3. Request Proper Instructions and Object to Misstatements

We ensure the jury is accurately charged on the eggshell plaintiff doctrine and aggravation of pre-existing conditions.

If the defense suggests an improper standard (e.g., arguing about foreseeability of extent or implying the plaintiff is attempting to recover for prior problems unrelated to the accident), be ready to object and correct the record.

Cite the precedents discussed above. Georgia jurors appreciate when you trust them with the full law on the subject. Giving them the eggshell instruction arms them to do justice for your client.

Conclusion

Georgia’s eggshell plaintiff rule is a potent tool for ensuring injured plaintiffs are made whole, regardless of their prior state of health.

For plaintiff-side attorneys, a deep understanding of this doctrine is essential when litigating cases with:

• Pre-existing conditions
• Latent illnesses
• Elderly or frail clients
• Those with mental health histories

By understanding and utilizing the eggshell plaintiff doctrine, plaintiff’s attorneys in Georgia can turn a client’s pre-existing weakness into a strength in the case.

Use it as the foundation for a compelling story of how the defendant’s negligence truly devastated this particular plaintiff. Georgia law will back you up.

The focus remains on the harm caused, not the plaintiff’s prior health. This ensures that vulnerable injured parties receive the full measure of justice they deserve.