Tavenner v. Figini

This was an action for damages for personal injuries sustained in an automobile accident. Defendants appeal from a judgment based upon a jury verdict in favor of plaintiff for $16,500.

Defendants assign as errors the refusal of the trial court to strike from plaintiff’s complaint allegations that his earning capacity has been permanently impaired and in instructing the jury on impairment of future earning capacity.

Defendants’ argument in support of these assignments of error is summarized by them as follows:

“Defendants contend that evidentiary requirements to support the claim of, and a jury…