Abbott v. Taz Express

Opinion

CROSBY, J.

This appeal is brought by a personal injury plaintiff who contends a jury award for economic damages ($17,300) is inadequate as a matter of law because her vocational rehabilitation expert testified it would cost more than $115,000 to retrain her for less strenuous employment. In a takeoff on “baseball arbitration,” plaintiff claims the jury was obliged to either accept or reject this expert testimony on a take-it-or-leave-it basis because there was no competing expert to offer different numbers.

Plaintiff suggests the following rule of law: “[Wjhen an expert witness testifies…