Havens v. Tonner

I disagree with the majority’s holdings with respect to the admissibility or sufficiency of the evidence on appellee’s permanent and total disability, and also with respect to the use of a “productivity factor” in calculating appellee’s lost future earnings.

I

Since I am not sure whether the majority holds appellee’s evidence of permanent and total disability (1) inadmissible, (2) insufficient as a basis for the economist’s calculations, or (3) insufficient to prove a prima facie case or to support the verdict, I shall discuss each in turn.(1)

The majority states that “the fact that the family…