Taylor v. Henderson

Doerr, J. P., and Lawton, J. (dissenting in part).

We respectfully dissent in part. The jury interrogatories provided that, if the jury found defendant negligent, it should set forth the amount of damages sustained by plaintiff for "loss of earnings” after January 1, 1990 and "impairment of earning ability” after January 1, 1990. Plaintiff admits that both items of damages encompass her future losses, that the trial court used those phrases interchangeably, and that the trial court did not distinguish between them. Given those circumstances, the interrogatories were erroneous and permitted the…