Bombero v. Marchionne

After a trial to a jury on the issue of damages, the plaintiff1 was awarded $12,184.47.2 The plaintiff’s motion to set aside the verdict as inadequate was denied. On appeal he claims that the court erred (1) in precluding his treating orthopedic surgeon from giving an opinion as to whether the plaintiff’s injuries would preclude him from carrying out his work duties in twenty years, (2) in failing to charge the jury as to diminished earning capacity, (3) in charging the jury on the plaintiff’s life expectancy without adequate explanation, (4) in excluding evidence of the costs of towing the…