The Witness Box

Commenting on expert evidence, economic damages, and interesting developments in injury, wrongful death, business torts, discrimination, and wage and hour lawsuits

Monday, June 23, 2008

Lack of evidence does not exclude economic damage calculations

Daubert Watch 6.23.2008

In this LA personal injury case, defendants appealed the trial court's ruling admitting the testimony of Plaintiffs' vocational expert and expert economist. The defendants had stated at the trial court level that there was no evidentiary basis for the opinions of the witnesses.

The appeals court affirmed the trial court's ruling, stating that defendants had not challenged the scientific basis or expertise of either expert. Accordingly, trial court properly admitted the testimony.

See: dauberttracker.com

For more information on the plaintiff verdict, go to:
http://www.judgeconque.com/Jury%20Verdicts/lafayette.html

Philip Broussard, et al vs. Lafayette Ins. Co., et al; #20060333
DAMAGES - PERSONAL INJURY
Judge Patrick L. Michot (Div. "K") Presiding, April 2007
Plaintiff(s) Attorneys: Joseph Gaar, Jr.; Jason Welborn
Defendant(s) Attorneys: Richard Petre, Jr.

VERDICT: In favor of Plaintiff and against Defendants

AWARD:
Past Medical Expenses $ 84,079.25
Future Medical Expenses 12,000.00
Pain, suffering and disability; physical and mental (past, present,future) 154,000.00
Loss of past earnings 23,423.00
Loss of future earning capacity 165,000.00
Loss of enjoyment of life 20,000.00

TOTAL AMOUNT $ 458,502.25

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