Attorney Rebecca A. Moore, who serves as of counsel at Sheehy, Ware & Pappas, co-authored an article featured in the March 2020 edition of The Houston Lawyer magazine, a personal injury publication for legal professionals and others interested in the law.
The article covers what is known as the “Eggshell Plaintiff Rule,” a rule that stipulates that any person or party found liable for causing injury due to negligence is responsible for all of the victim’s injuries, regardless of whether or not those injuries could be reasonably expected or foreseen. The article weighs the issue from both the plaintiff and defense perspective, with Ms. Moore’s portion looking specifically at the ways in which a defendant may not always be entirely liable for a victim’s injuries. Such nuances may include cases in which the plaintiff failed to seek proper and adequate medical treatment for his or her injuries of instances in which a secondary, non-related event aggravated the plaintiff’s original injuries.
In the article, Ms. Moore discusses the issue of “new and independent causes” in regards to the eggshell rule, looking specifically at the case of Allstate v. Jordan. She also covers the importance of discovery in defending these types of cases.
To read the full article, click here.
Ms. Moore is an accomplished liability defense attorney. In her legal practice, she focuses on claims involving construction defects, personal injury, premises liability, commercial litigation, and casualty claims. She also has considerable experience in insurance litigation in state and federal courts, including litigation involving bad faith issues.