Andler v. Clear Channel Broad., Inc., No. 10-3266 (6th Cir. 2012)
Annotate this CasePlaintiff fell and broke bones while walking in defendant’s campground. She sought damages for medical expenses and lost earning capacity. Before her injury, she worked part-time in childcare, earning $9,000 to $10,000 annually; she claims that her injuries forced her to switch jobs and work as a full-time manicurist. She presented testimony of an accountant, that, but for her injury, plaintiff could have earned approximately $17,600 a year as a full-time childcare worker; her annual earning capacity as a full-time manicurist was approximately the same. Factoring in her disability and increased likelihood of missed work, he concluded that lost earning capacity totaled $232,346. The jury awarded $200,000. The Sixth Circuit reversed. On remand, the district court excluded the accountant’s expert testimony as unduly speculative. Although plaintiff testified that her injuries prevented her from performing procedures that would have earned additional money, the court instructed the jury that it could not award damages for lost earning capacity. The jury awarded $10,000. The Sixth Circuit affirmed with respect to liability, but vacated on damages. The expert testimony was not unreasonably speculative; the court “appears to have misunderstood the concept of lost earning capacity.”
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