Opinion
No. 43550.
December 8, 1972.
Damages — admissibility of evidence — loss of future earning capacity — propriety of verdict.
Action in the Scott County District Court involving a collision between an automobile driven by Harlan E. Ober and one owned by C. Harvey Wilkens and driven by Mark Harvey Wilkens. Ober and others sought damages for personal injuries. The case was tried before John M. Fitzgerald, Judge, and a jury. On the basis of a special verdict the court ordered judgment for plaintiff Harlan E. Ober for $36,379. Defendants appealed from an order denying their motion for a new trial on the issue of damages. Affirmed.
Taylor Law Firm and Elmer W. Foster, for appellants.
Winzenburg Halloran and John I. Halloran, for respondents.
Heard before Knutson, C. J., and Rogosheske, Peterson, and Todd, JJ.
Defendants in this personal injury action appeal from the denial of their motion for a new trial, questioning only the damages in the amount of $36,379 awarded to plaintiff Harlan E. Ober. Defendants contend that the jury's verdict was based upon inadmissible evidence as to plaintiff's loss of future earning capacity and was therefore the product of bias and prejudice. Upon a careful consideration of the record, we are persuaded that the challenged evidence was not inadmissible and that in light of both his special and general damages, including a permanent partial disability of the spine, the award to plaintiff, although generous, was not as a matter of law excessive.
Affirmed.