Ponder v. Budweiser of Asheville, Inc.

MORRIS, Judge.

Defendants, noting the plaintiff’s evidence as to diminution of profits in the corporate farming operation, contend that the trial court erred “. . . by permitting the plaintiff to speculate as to profits which the corporation might have made . . . [in that] no allegation of such special damage appears in the complaint . . . and . . . [s] peculative evidence of corporation profits are not permitted to show loss of income or earning capacity in a personal injury action.” We agree.

Here plaintiff’s complaint alleges loss of income and earning capacity, but fails to allege properly…