“Where there is no basis for a precise mathematical calculation of a past lost wage claim, the trier of fact can award a reasonable amount of damages without abusing [its] discretion.”
How later courts described this case
- “Where there is no basis for a precise mathematical calculation of a past lost wage claim, the trier of fact can award a reasonable amount of damages without abusing [its] discretion.”
Written by the judges who cited it.
The opinion
HUGHES, J.,
dissenting in part.
hi respectfully disagree with the reallocation of fault. We have upped the state’s liability from 39% to 100%. The pictures show that it would be hard not to see that this large, low hanging limb presented a problem. I believe the truck driver was also at fault for not at least slowing down and proceeding more cautiously.