A New York judge sentenced a woman who pleaded guilty to fatally shoving an 87-year-old Broadway singing coach onto a Manhattan sidewalk to six months more in prison than the eight years that had been previously reached in a plea deal.

  • KeenSnappersDontCome@lemmy.world
    link
    fedilink
    English
    arrow-up
    39
    ·
    1 year ago

    For cases where injury was sustained there is legal doctrine know as the Eggshell skull rule

    The rule states that, in a tort case, the unexpected frailty of the injured person is not a valid defense to the seriousness of any injury caused to them.

      • afraid_of_zombies@lemmy.world
        link
        fedilink
        arrow-up
        1
        arrow-down
        1
        ·
        1 year ago

        I think the idea is the actual damages aren’t going to go down just because the person was frail. Someone with prexisting medical problems aren’t going to need less physical therapy compared to someone who is average.

    • chiliedogg@lemmy.world
      link
      fedilink
      arrow-up
      4
      arrow-down
      1
      ·
      1 year ago

      This wasn’t a tort case.

      This is a simple case of assault in which someone unintentionally died. It’s textbook manslaughter.