Pierce v. Milford

I concur with the result reached by the majority in this case, but I write separately to discuss the plaintiffs burden of proof for a claim of future earning capacity. Defendants argue that plaintiffs failure to offer tax records and other documentation to corroborate his testimony defeats his claim for future lost earning capacity. I agree with the majority that this is not automatically so. Additionally, in my opinion it was not clearly wrong under the facts of the present ease for the trial court to have concluded that the plaintiff proved entitlement to an award for lost earning capacity.…