Damages
Moody v. Blanchard Place Apartments
Subject: Conflicting evidence of expert witnesses
FACTS
Pl. injured when shocked by stove in Def.’s apartment building.
Special Damages: Those which must be specially pled or have ready market value. The amount of the damages can be determined with relative certainty.
Plaintiff’s witness
Past lost wages: those wages, inclusive of fringe benefits from date of injury to date of trial. Subjected to a discount rate which takes into consideration inflation and other economic factors, including previous earning capacity.
*3.96 years (date of injury to date of trial)
*21.4% of salary in fringe benefits, lowered to 12% (his were well above industry average)
*$12/hour = actual lost wages.
*1997+ 3% wage increase to reflect inflation.
Lost wages = $60.283, lost fringe benefits = 7,234.
Defendant’s witness.
*$8.50/hour = actual lost wages
*3% wage increase reflecting inflation
*$61,877 from date injured to trial, subtract income earned = $35,242
*Loss of past fringe benefits not included.
[JURY AWARD = $60,000] Past lost wages.
---
-Future lost income/future earning capacity = speculative/insusceptible of calculation with mathematical certainty.
[Factors]: physical condition before/after injury, past work record, consistency thereof, amount earned absent injury, probability of continued wages earned over working life.
-Award predicated upon difference b/t Pl’s earning capacity before and after injury.
Plaintiff’s Witness
*Life expectancy = 35.1 years from date of injury (75.99)
*Work life expectancy = 61.09 years, 20.2 years from date of injury, 16.24 years from trial.
*If he worked to full retirement age of 66.17, he would work 21.32 years from date of trial.
*$12 = earning capacity
*3% annual increase
*12% loss of fringe benefits, 1.5% discount rate
*61.09 = $437,382 *66.17 = $336,341, Average = $300,974
Defendant’s Witness
*Work life expectancy = 17.64 years
*Average annual income = $19,000
*6% discount rate
*If totally disabled = $181,579 invested to get $19,000
*If could work minimum age = $79,072 to get $19,000
*if became a journeyman, would only need to be compensated for training, 24 months, $27,012
*post-tax, no fringe benefits, would likely get health insurance.
[JURY AWARD = $100,000] Future Lost Income.
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Moody v. Blanchard Place Apartments
Subject: Conflicting evidence of expert witnesses
FACTS
Pl. injured when shocked by stove in Def.’s apartment building.
Special Damages: Those which must be specially pled or have ready market value. The amount of the damages can be determined with relative certainty.
Plaintiff’s witness
Past lost wages: those wages, inclusive of fringe benefits from date of injury to date of trial. Subjected to a discount rate which takes into consideration inflation and other economic factors, including previous earning capacity.
*3.96 years (date of injury to date of trial)
*21.4% of salary in fringe benefits, lowered to 12% (his were well above industry average)
*$12/hour = actual lost wages.
*1997+ 3% wage increase to reflect inflation.
Lost wages = $60.283, lost fringe benefits = 7,234.
Defendant’s witness.
*$8.50/hour = actual lost wages
*3% wage increase reflecting inflation
*$61,877 from date injured to trial, subtract income earned = $35,242
*Loss of past fringe benefits not included.
[JURY AWARD = $60,000] Past lost wages.
---
-Future lost income/future earning capacity = speculative/insusceptible of calculation with mathematical certainty.
[Factors]: physical condition before/after injury, past work record, consistency thereof, amount earned absent injury, probability of continued wages earned over working life.
-Award predicated upon difference b/t Pl’s earning capacity before and after injury.
Plaintiff’s Witness
*Life expectancy = 35.1 years from date of injury (75.99)
*Work life expectancy = 61.09 years, 20.2 years from date of injury, 16.24 years from trial.
*If he worked to full retirement age of 66.17, he would work 21.32 years from date of trial.
*$12 = earning capacity
*3% annual increase
*12% loss of fringe benefits, 1.5% discount rate
*61.09 = $437,382 *66.17 = $336,341, Average = $300,974
Defendant’s Witness
*Work life expectancy = 17.64 years
*Average annual income = $19,000
*6% discount rate
*If totally disabled = $181,579 invested to get $19,000
*If could work minimum age = $79,072 to get $19,000
*if became a journeyman, would only need to be compensated for training, 24 months, $27,012
*post-tax, no fringe benefits, would likely get health insurance.
[JURY AWARD = $100,000] Future Lost Income.
Support us by:
Checking out our amazing store on Etsy: http://www.bohobuttons.com
While in law school I traveled the world. Puerto Rico. Egypt. Israel. The Netherlands. All over the United States. Costa Rica. Panama... How, you ask? I found ways to make money on the side. One of those ways was hosting my apartment on AirBnB. If you have an extra room, this is a perfect way to make some extra cash.
Since law school, I have traveled to dozens of countries for pleasure with my family. It's not rocket science. You just need to know how to start some side hustles. Another one of my favorite ways to make money is buying and selling stocks and cryptocurrency on Robinhood. Join now and get a free stock through this link: Join Robinhood and Get a Free Stock!
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