## Facts

- Larry A. Schafer, while under the influence of alcohol and drugs, struck pedestrian Shirley S. Hoffman with his vehicle on January 15, 1988.
- Hoffman suffered serious injuries including a spinal compression fracture, concussion with intracranial bleeding, fractured left femur, torn cartilage in the left knee, and other injuries to her leg, hand, and elbow.
- Schafer admitted negligence but denied willful and wanton conduct and disputed the nature and extent of Hoffman’s damages, attributing many problems to preexisting back and knee conditions.
- Hoffman’s treating orthopedic surgeon testified that Hoffman developed thrombophlebitis related to the accident, later required arthroscopic knee surgery for severely torn and displaced cartilage, and suffered from chronic pain (causalgia).
- Over Schafer’s objection, the trial court gave an eggshell-plaintiff (“thin skull”) jury instruction.
- The jury awarded Hoffman $715,000 in damages; the court of appeals affirmed.

## Issues

1. Whether the evidence warranted an eggshell-plaintiff (“thin skull”) instruction where the defendant argued the plaintiff’s claimed harms were attributable to preexisting conditions and insufficient proof of accident-related aggravation.

## Decision

- The Colorado Supreme Court affirmed the judgment.
- The eggshell-plaintiff instruction correctly stated Colorado law.
- The instruction was supported by the evidence and did not prevent the jury from considering causation or separating accident-caused injuries from conditions not caused by the defendant.

## Legal Principles

- A tortfeasor must take the plaintiff as found and is liable for the full extent of injuries actually caused, even if the injuries are more severe because of the plaintiff’s preexisting weakness or susceptibility.
- The eggshell-plaintiff rule does not eliminate the plaintiff’s burden to prove causation; it affects the damages measure once causation is established.
- The doctrine is not limited to cases framed as “aggravation” of a specific preexisting injury; it also applies to predispositions or latent conditions that increase the severity of harm from the defendant’s conduct.
- A thin-skull instruction is proper when the record permits a jury to find both (1) defendant-caused injury and (2) plaintiff susceptibility affecting the extent of resulting harm.

## Conclusion

The court upheld the use of an eggshell-plaintiff instruction and the damage award, holding that Colorado law requires a negligent defendant to pay for the full extent of injuries the defendant caused, even when the plaintiff’s preexisting conditions or susceptibility make those injuries more severe.


Schafer v. Hoffman, 831 P.2d 897 (Colo. 1992)