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Lawson v. Rines12/10/2003
103.
Plaintiff did make an offer of proof showing the monthly amount of Social Security benefits that the Deceased was receiving. However, the record is devoid of proof regarding whether these benefits were received as a result of the Deceased's own "capacity for labor and earning money through skill, any art, trade, profession and occupation or business," or her spouse's. Id. If the benefits the Deceased was receiving were survivor-type benefits, then it was proper for the Trial Court to exclude them. If, however, the benefits were received as a result of the Deceased's own "capacity for labor and earning money through skill, any art, trade, profession and occupation or business," then it was error for the Trial Court to exclude such proof. Id. As we are unable to tell from the offer of proof the substance of the evidence, we are constrained to affirm the Trial Court's decision to exclude proof of the Deceased's Social Security benefits.
Conclusion
The judgment of the Trial Court is affirmed, in part, and reversed, in part, and this cause is remanded to the Trial Court for such further proceedings as may be required, if any, consistent with this Opinion and for collection of the costs below. The costs on appeal are assessed equally against the Appellant, Service Radio Cab Co., Inc., and its surety; and Appellee, Judy Carolyn Lawson.
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