Torts/Personal Injury,
Alternative Dispute Resolution
Mar. 18, 2025
A mediator's perspective on the eggshell skull plaintiff
Mediating tort cases with "eggshell plaintiffs" requires navigating pre-existing conditions and susceptibility, balancing legal principles with how a jury might view the defendant's impact on the plaintiff's injury.
Gary N. Stern
Email: gstern@sternlaw.org
Gary N. Stern litigated cases for 44 years, the last five years in a solo practice in Woodland Hills that involved part-time mediation work. He is now exclusively engaged as an independent ADR practitioner.
The mediation of a litigated civil tort case inevitably involves the challenge of bringing the parties together regarding the nature and extent of the plaintiff's claimed damages. In a surprising number of cases, I have found that one of the most difficult challenges is addressing issues of pre-existing conditions or the unusually susceptible claimant. Together, these concepts are commonly referred to as the "eggshell plaintiff." We are taught these principles in law school b...
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