An attack on 'speculative' earnings capacity analysis of young child

In this Tennessee wrongful death case, Defendants moved to exclude the expert witness testimony of an economist who was to testify regarding the present value of a three year old child's loss of earning capacity.

The defense argued that the Plaintiff's economist did not have a sufficient basis on for his assumptions concerning the future educational attainment of the deceased child.

The Defendants also moved to exclude the plaintiff's economist testimony because he did not include a deduction for personal maintenance expenses. The Defendants' believe that the Tennessee Supreme Court under, Wallace v. Couch, required the deduction.

The plaintiff's response to the defendant's motion can be found here. An interesting read.