Stephens v. Howard

Beasley, Chief Judge.

Howard’s taxi collided with Stephens, injuring Howard and leading to this action filed to recover for his damages and his wife’s loss of consortium. A jury deciding only the issue of damages awarded him $100,000, including $50,000 in past and future lost earnings, and awarded his wife $1,000. Stephens and the cab company appeal, alleging as error the introduction of evidence and testimony relating to a “functional capabilities assessment” performed by a physical therapist who worked for Howard’s treating physician, Dr. Serrato, but who did not testify at trial.

According…