What would Daubert day about those damages? 12.29.2004

(From a recent case our economists were asked to comment on...)

A career ending injury to a professional opera singer

Situation

An automobile injury caused a career ending injury for a pretty well known (at least in professional circles) opera singer. The injury destroyed some of his vocal cords and the plaintiff can no longer sing either informally or professionally. In this case, the forensic economist was asked to place a value on the plaintiff’s ability to sing. Under the plaintiff's attorney's theory of damages, they are only concerned about the value of the income received from singing and does not want to look at the current earnings from the opera singers current employment.

What would Daubert say about those damages?

Well placing a value only on the ability to sing is possible. As with any valuation, the analysis must consider the specifics and the details of the individual's profession. The more specialized the profession the more details there are to consider. Some things economists would consider (Thanks NAFE listserv!):

• If this man is a major soloist-quality singer, his earnings path is unique and would most likely have to be evaluated on a case-by-case basis.
• If he is or was a chorus type, or an occasional second-string understudy for major stars, union data could be useful. In this situation, his earnings path would also depend on whether he sang with a regional company or a company of national/world stature. It may also depend on whether he had made and successfully sold recordings and how well he was managed.
• Finally, the work life expectancy for a performing vocal musician is relatively short, as the voice natually changes in early middle age, so even without an injury, he might have had to turn to teaching at what would be a relatively early point in anyone else's career.