Abadie v. Employers Group Insurance Co.

I concur with the conclusions reached in the majority opinion relative to the amount of the award for the injury, pain, suffering, inconvenience, and residual discomfort sustained by plaintiff; but I respectfully dissent from that part of the opinion that denies to the plaintiff damages for impairment of earning capacity and loss of earnings.

It is apparent that the amount of the jury award was not predicated solely on the seriousness of the injury sustained by plaintiff; and thus the injury itself did not constitute the only item of damages considered in the award because the nature of the…