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Torts keyed to Best
Moody v. Blanchard Place Apartments
Citation:
793 So.2d 281 (La. Ct. App. 2001)Facts
Mr. Moody was an iron worker prior to suffering a neck injury due to an electrical shock from the stove in his apartment. As a result of this injury, he required medical treatment and had to give up his work. After a year of unemployment, he began working odd jobs as a busboy, dishwasher, and counterman.
At trial, two different experts in economics testified as to what Mr. Moody’s anticipated lost past wages were dating from the time of the injury to the time of trial. The two experts arrived at vastly different conclusions. The first expert, Dr. Casperson, found lost past wages to be around $60,238 in wages and $7,234 in fringe benefits. The second expert, Dr. Boudreaux, found lost past wages to be $35,242 and did not consider fringe benefits.
The experts also testified as to Mr. Moody’s anticipated lost future earnings were likely to be as a result of his continued injury and inability to return to his prior job as an iron worker. Again, they arrived at different conclusions. Dr. Casperson estimated lost future earnings for his anticipated work-life timeline to be approximately $300,974. Dr. Boudreaux estimated $27,012 on the basis that Mr. Moody would likely be able to reasonably find work after 24 months of a specified training, and therefore should not be compensated past that two year time period.
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Topic Resources
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DamagesTopic Refresher Course
Intro to Damages and Expectation DamagesTopic Charts & Notes
Remedies