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Kramer Service, Inc. v. Wilkins

Mississippi Supreme Court

186 So. 625 (1939)

Relevant factsFree

A piece of glass fell from a disrepaired door at Kramer Service's (defendant) hotel and cut Wilkins (plaintiff) on the head while he was visiting a guest, causing three wounds including one on his temple. When the temple wound failed to heal after two years, Wilkins was diagnosed with skin cancer at that exact location. At trial, one medical expert testified it was possible, but not probable, that the cut caused the cancer, while another testified there was no chance the cut caused it. The trial court refused Kramer's request to instruct the jury not to consider the cancer, and the jury awarded Wilkins $20,000, including for the cancer.

IssueFree

Whether, in a negligence claim, the possibility that one event may have caused another event is sufficient to maintain a verdict for the plaintiff.

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