Kish v. Board of Education

OPINION OF THE COURT

Hancock, Jr., J.

In a personal injury case involving a claim of lost, past and future earnings resulting from an alleged permanent disability from work, evidence that the plaintiff voluntarily chose to retire is often so prejudicial as to be inadmissible; it may be allowed, however, in the court’s discretion in limited circumstances, where it has significant probative value with respect to a validly raised question about the plaintiff’s malingering or motivation for not working. Under the particular circumstances here, the trial court did not abuse its discretion in…