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  • Damages For Impaired Earning Capacity

  • Damages For Impaired Earning Capacity

    Sierra Pac. Power Co. v. Anderson, 77 Nev. 68, 73-74 (Nev. 1961):

    [A]ppellants urge the trial court was wrong in giving Instruction No. 30 permitting the jury to pass upon claimed loss of future earnings by respondent . . . in light of the evidence presented at the trial. Appellants say the claimed item of damage was uncertain and not supported by medical testimony or opinion . . . Evidence in the record indicates that respondent became unfit for his duties as a fireman. [A] Doctor . . . testified to some physical impairment of respondent's right hand and [Another Doctor] testified to aggravation of a previously fractured spine, all as a result of the . . . explosion. Such being the evidence, it then became the right of the jury to determine whether or not respondent's earning capacity had been impaired, to what extent, and to accord to such evidence the significance and weight they saw fit. Ostertag v. Bethlehem Shipbuilding Corp., 65 Cal.App.2d 795, 151 P.2d 647. Destroyed or impaired earning capacity within life expectancy is a proper item of damage. 15 Am.Jur., Damages, sec. 91, p. 501. The jury might take into consideration, in passing upon this item of damage, the fact the person has no education or preparation for a pursuit different from that in which he was engaged and no longer able to follow. 15 Am.Jur., Damages, secs. 92 and 93, p. 503; Graham v. Mattoon City Railway Co., 234 Ill. 483, 84 N.E. 1070. There being evidence upon which reasonable minds might disagree, the jury being properly instructed on the law, this court will not disturb the judgment for the reason assigned.

    *** Any law, statute, regulation or other precedent is subject to change at any time ***

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