There is a principle used in tort law known as the Thin Skull principle. The Thin Skull principle provides that if your victim is a person with a thin skull and your action results in greater damage to your victim because of his or her thin skull, you are still responsible for the results of your action. The Thin Skull principle applies in areas beyond tort…take eminent domain, for instance.

Those of us who have litigated eminent domain cases for a substantial portion of our careers know that government takings can be just as exciting and entertaining as any other area of law. Once in a while, an eminent domain taking will even attract the attention of the media and become a cause célèbre. That was the case in 1995 when the Florida Department of Transportation sought to improve the I-75 ramp at State Road 426 in Marion County. The property to be acquired by the DOT was owned by Julius James. Julius was 106 years old at the time. His land and his home had been handed down from his grandfather who was a slave on the land before he had acquired it.

Julius only wanted one thing and he told anyone who asked … he just wanted to live his life out in his home that he had grown up in and had lived all of his life. The Department needed the James property in order to move forward with its project. Once the condemnation case was filed in Circuit Court, the media went in to action. There were newscasters on Julius’ porch every morning. He became the center of attention for Good Morning America, and the Reverend Al Sharpton threatened to come to town.

The value of Julius James’ property was substantial. The Department of Transportation valued it at over $2 million. It was this value that attracted others to the case. Julius had relatives that began to appear and claim that they were the eventual beneficiaries of the award. Julius had caretakers that also claimed to be in line for the money.

Everything was in place for a wild trial that would have raised a great degree of national attention, until the Department of Transportation made an excellent decision. The decision was to delay the project and allow Julius to live out his life in his home.

So you see, the Thin Skull principle was at work here. The DOT could not have picked a more sympathetic owner.

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