Nunez v. Palmer

Opinion

DUPONT, J.

The issue of this appeal is whether the trial court should have ordered a remittitur in this negligence action to the defendant, Mary R. Palmer, who claims that there was insufficient evidence to support the jury’s award of $31,000 as damages for lost earning capacity by the plaintiff, Alfonso Nunez.1 A subsidiary question that governs the main issue is whether the plaintiffs lost earning capacity, for which the jury found the defendant liable, ceased when the plaintiff subsequently was injured in an unrelated accident during the course of his employment, and was found to be…