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Sufficient evidence did not support the jury’s award for future loss of earning capacity because the evidence presented revolved around the plaintiff’s fear of losing her job.

April 1, 2018
Vickers v. Thomas, 2017 Fla. App. Lexis 19470 (Fla. 5th DCA 2017)

The plaintiff was involved in a motor vehicle accident, and the jury awarded her damages for future loss of earning capacity. In order to establish a claim for loss of future earning capacity, a plaintiff must introduce reasonably certain evidence that the capacity to labor has been diminished. The plaintiff presented evidence revolving around the fear of losing her job. The jury returned a verdict in the plaintiff’s favor, awarding her damages for loss of future earning capacity. On appeal, the court held that the jury’s award was improper as one’s fear of losing his or her job is not a proper basis for damages associated with the loss of future earning capacity. The court reversed the jury award for future loss of earning capacity and remand for the trial court to either enter remittitur under Florida Statute § 768.043(2) or grant a new trial solely on the issue of damages for loss of earning capacity.

 

Case Law Alerts, 2nd Quarter, April 2018

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