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Croley v. Republican National Committee9/21/2000
73 F.3d 18, 21 (2d Cir. 1996) (citation omitted). In that regard, nothing in the record before us indicates that the methodology used by Dr. Borzilleri to calculate Mr. Croley's lost future earnings was speculative, or based on unrealistic assumptions. Dr. Borzilleri provided detailed information concerning his methodology, and set forth assumptions predicated on federal and business documents. He presented options based on a person of Mr. Croley's sex and age holding a general Master's degree, and a Harvard Master's degree in business administration. The RNC and Mr. Mills had an opportunity to cross-examine Dr. Borzilleri on his methodology and his assumptions.
Accordingly, we conclude that the record before us reflects "some reasonable basis on which to estimate damages." Estate of Underwood, supra, 665 A.2d at 642 (quoting Romer, supra, 449 A.2d at 1100). Moreover, it is clear from the record that "the future consequences of tort [against Mr. Croley] are reasonably certain." Curry, supra, 522 A.2d at 1291 (citing American Marietta Co., supra, 203 A.2d at 712). Testimony from Mr. Croley, and medical testimony not only from Mr. Croley's own doctors, but also from the expert hired by the RNC, established the causal connection between the assault committed on Mr. Croley by the RNC and Mr. Mills on March 26, 1984, and Mr. Croley's injuries, as well as his subsequent inability to resume his normal work patterns. Furthermore, it is reasonably certain from the record that the value of Mr. Croley's future services would have amounted to at least $35,000.00 per year, but for the assault and resulting injuries, and that the jury award of lost future earnings did not result from speculation or conjecture. Rather, the jury took into consideration not only the testimony of Dr. Borzilleri, but also weighed that testimony in light of the $532,000.00 in EPA and GWU contracts generated by Mr. Croley in the two years prior to his injury . Therefore, viewing the evidence in the light most favorable to Mr. Croley, see Estate of Underwood, supra, 665 A.2d at 643 (referencing Sere, supra, 443 A.2d at 38), we are constrained to conclude that the trial court abused its discretion by vacating the jury's award of $600,000.00 in favor of Mr. Croley for lost future wages.
The Punitive Damages Issue
Mr. Croley maintains that the trial court committed error by not allowing the jury to consider his claim for punitive damages. The trial court deferred the punitive damages issue until after the jury rendered its verdict. After the jury's verdict, the trial court refused to submit the question of punitive damages to the jury because the jury found the RNC and Mr. Mills not liable on Mr. Croley's claim of intentional infliction of emotional distress, and because the elements of this intentional tort include: "extreme and outrageous conduct on the part of the defendants," "conduct committed by the defendants that was intentional or reckless," and "the infliction by the defendants of severe emotional distress on the plaintiff." The RNC and Mr. Mills agree that since the jury did not find them liable for intentional infliction of emotional distress, there was no basis for an award of punitive damages.
" e have repeatedly recognized that a plaintiff's request to submit the issue of punitive damages to the jury is governed by the normal test for a triable issue of fact: whether there was evidence from which a jury reasonably could find the required malicious intent or willful disregard of another's rights." King v. Kirlin Enterprises, Inc., 626 A.2d 882, 884 (D.C. 1993) (citing Robinson v. Sarisky, 535 A.2d 901, 907 (D.C. 1988)). Furthermore, in Jonathan Woodner Co. v. Breeden, 665 A.2d 929, 938 (D.C. 1995),
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