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Cook v. Suburban Mobility Authroity For Regional Transportation3/25/2003
have prepared for trial or approached the case differently.
Defendants' claim with respect to Charles Cook, plaintiff's husband, was not properly preserved. Mr. Cook testified at trial that because of the need to take care of his wife, he lost income of about $6500 a year from his lawn-care business. Plaintiffs' requested only future economic loss, for nine years. At trial, defendants objected to plaintiff's claim for future economic loss, but not Mr. Cook's. The objection was raised and overruled before Mr. Cook testified to his own loss. When Mr. Cook addressed his own lost income, defendants did not object to the claim being made, but addressed the issue through cross-examination regarding Mr. Cook's answers to interrogatories. Further, the motion for new trial or remittitur and defendants' brief on appeal make only fleeting reference to Mr. Cook's claim and are focused primarily on plaintiff's claim. For example, in addressing the standard for reversal, defendants argue "In order to reverse, all this Court need find is that had plaintiffs been forthright in discovery and had not suppressed and concealed the information concerning the fact that Ms. Cook was seeking to recover economic damages, the availability of that evidence may have made a difference in the way defendants' counsel approached the case and prepared for trial, Rock Island Bank, supra at p 281." Further, we observe that the actual instructions to the jury did not include wage loss or lost income as an element of damages, and that the verdict form, agreed to by both sides, did not separate out economic from non-economic damages. Under these circumstances, defendants have not shown an entitlement to relief on this issue.
Affirmed.
Helene N. White
Kirsten Frank Kelly
Roman S. Gribbs
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