Three Million Dollar Judgement Upheld By Court
A sixth Circuit US Court of Appeals has upheld a judgement of three million dollars, which was awarded to a plaintiff who filed a lawsuit against the E.I. du Pont de Nemours & Co. The panel voted unanimously in upholding the award, stating that the plaintiff had provided the sufficient level of evidence needed to support his claims of permanent injury being sustained from exposure to various chemicals during the course of his work.The plaintiff, Murray Lawrence, claimed that respiratory and pulmonary problems resulting from the exposure meant that he would have difficulties with future employment, and this claim was substantiated by Dr. Michael Houston. Therefore part of the award also went towards loss of earning capacity, despite claims from the defendant that the amount attributed to loss of earning capacity had been ‘unduly speculative’ when calculated.
The court panel stated: "… we believe that the jury had sufficient medical evidence from which to conclude Lawrence's injuries were permanent and that he would sustain damages from his injuries into the future." The earning capacity estimations were put forward by vocational expert David Strauser.
With regards to this issue the panel stated: "The range that Strauser presented to the jury thus represented a reasonable, not a speculative, estimate of Lawrence's lost earning capacity, and the jury's award at the low end of the range shows it critically considered Strauser's expert testimony rather than unthinkingly speculating about an appropriate award."
Topic Added April 26th, 2007
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