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Hobbs v. Harken6/9/1998
n stated:That's going to be harder to ascertain simply because so much of that is subjective. And as he improves with time and he has improved over the past year and a half that I have talked to him. He's still having and complaining of unsteadiness. It's obviously compromised his job performance but that's going to be harder to quantify as far as permanence of that injury but I would say if he gets into rehabilitation he's going to be improved. The question is will he ever be normal and I don't know anyone can answer that at this point in time. It's just hard to say. I can['t] answer about the hearing loss because we have objective data that says that hasn't changed in almost 2 years but his unsteadiness may or may not improve based on therapy and treatment so I couldn't answer that question.
There was no other medical evidence regarding the permanence of Mr. Hobbs' vestibular disorder.
Mr. Hobbs testified that his work as a frame carpenter included walking on narrow boards and rooftops, nailing sheeting on roofs, and handing up lumber. He claimed his neck and back pain, as well as his vertigo, required him to cut back substantially on his work schedule, and that, although he continued to do this type of work, this was only because he had no other way of making a living.
Mr. Hobbs' final expert witness was Dr. John Ward, an economist. Prior to trial, Mr. Harken had filed a motion in limine to prevent opposing counsel from mentioning Dr. Ward's opinion during opening statement. This motion was denied. During trial, Mr Harken objected to Dr. Ward's opinion testimony concerning future income loss, arguing that his opinion lacked sufficient factual basis. This objection was also overruled. The court granted a continuing objection to this evidence throughout Dr. Ward's testimony. The court also overruled Mr. Harken's motion to strike Dr. Ward's testimony about future income loss.
Dr. Ward testified that Mr. Hobbs' future medical expenses, for replacement hearing aides and batteries, would be $10,506. Mr. Hobbs' actual medical expenses up to the time of trial were $5,545.37. Dr. Ward used two alternative approaches to estimate Mr. Hobbs' future income loss. Both approaches were based on the assumption that Mr. Hobbs would suffer from lost earning capacity for twenty years into the future. Under one approach, the lost earnings would be $180,585; under the other approach, they would be $274,480. Dr. Ward also testified that Mr. Hobbs' lost earnings up to the present time were between $23,312 and $38,950. Dr. Ward testified that, in determining lost future and past earnings, he had relied on answers provided on a questionnaire given to him by Mr. Hobbs' attorneys, on Mr. Hobbs' income tax records from 1990 through 1996, and on various other documents, all of which he testified are the type of documents ordinarily relied upon by experts in his field.
Dr. Ward testified that his estimates also were based upon the assumption that Mr. Hobbs' vestibular disorder was permanent and that his symptoms would continue with "absolutely no change" for the following twenty years. He further testified to his assumptions that Mr. Hobbs' neck, back, and headache pain were permanent and that Mr. Hobbs' pretrial income loss would continue without change for twenty years. Dr. Ward testified that his assumption of the permanency of the vestibular disorder was based upon a letter from Dr. Coffman and upon the representations of Mr. Hobbs' counsel. The letter from Dr. Coffman provided that:it is hard to predict how he will progress in the future although typically these inner ear injuries take months to resolve and sometimes patients are left with a permanent vestibular disorder.
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