holding factfinder may infer mental anguish when painful, serious injuries have occurred
How later courts described this case
- holding factfinder may infer mental anguish when painful, serious injuries have occurred
Written by the judges who cited it.
The opinion
ON MOTION FOR REHEARING
In his motion for rehearing, Schreck suggests that we have miscalculated the amount advanced and the fringe benefits.
In computing lost wages and benefits, we subtracted $49,000.00 as the amount advanced and $8,750.00 advanced from his retirement account. The correct amount, as stipulated by the parties, is $41,900.00.
Schreck also alleges that we miscalculated fringe benefits in determining lost wages and benefits. We originally found the actual amount contributed by the Railroad was $9,671.00. However, Schreck correctly argues the amount, when figured on a yearly basis, is $14,012.00. Thus, we modify our conclusions as to lost earnings and benefits as follows:
Original Figure Corrected Figure
1984 — eight months $ 30,448.00 $ 33,341.00
1985 — twelve months 45,671.00 50,012.00
1986 — twelve months 45,671.00 50,012.00
1987 — twelve months 45,671.00 50,012.00
1988 — three months, five days 11,918.00 12,503.00
$179,371.00 $195,880.00
Paid May 1984 115.00 115.00
Advanced 49,000.00 41,900.00
Retirement 8,750.00 8,750.00
NET LOST WAGES AND BENEFITS $121,514.00 $145,115.00
Based upon the corrected figures and our computation of diminished earning capacity, we must also modify the $548,052.00 we originally found as diminished earning capacity. Therefore, the corrected recapitulation shows the following amounts of damage:
Original Figure Corrected Figure
Lost wages in the past $121,514.00 $145,115.00
Pain and suffering 51,100.00 51,100.00
Future medical expenses 25,000.00 25,000.00
75% diminished earning capacity 548,052.00 600,155.00
$745,666.00 $821,370.00
The motion for rehearing is granted in part and our opinion modified as here noted.
If within fifteen days from the date of this opinion Floyd Schreck will file a remit-titur of the judgment below in the amount of $59,125.00, the judgment of the trial court will be affirmed; otherwise, the judgment will be reversed and the cause remanded for a new trial.