Kaler v. Webster

POMEROY, Justice.

A charge to a jury permitting it to consider as an element of damages the future loss of earning capacity of a twenty-three year old college student occasions this appeal.

We deny the appeal.

Appellee was involved in a traffic accident in August of 1969. He was a passenger in a vehicle operated by appellant, Daniel Webster, at the time the vehicle collided with a truck driven by appellant, Ronald Bean. Appellee sustained an ankle injury in the crash, which injury resulted in a twenty-four percent permanent impairment of his left leg, (thirty percent impairment of the ankle).

Vari…