Bailey v. Henderson

In this personal injury case, a jury awarded the plaintiff, Wilbur Michael Bailey, a verdict for $100,000 against the defendant, Timothy W. Henderson, Jr. Acting upon a defense motion, the trial court set the verdict aside, holding that it had erred in granting Instruction No. 2. This instruction permitted the jury to consider whether the plaintiff would suffer future “lessening of earning capacity” as a result of his injuries.

In a new trial limited to the issue of damages, a jury awarded the plaintiff a verdict for $25,000, upon which the trial court entered judgment. The dispositive…