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Benjamin v. Wal-Mart Stores12/26/2002
beneficiaries. Conversely, plaintiff's evidence of pecuniary damages was not insufficient as a matter of law by reason of the absence of particular forms of documentary evidence of Schoggins's prior earnings, such as income tax returns. Rather, those deficiencies went to the weight of Haynes's testimony.
For those reasons, the trial court did not err in denying Coleman's motion in limine to exclude evidence of specified sources of plaintiff's economic damages on the ground that there was no documentary evidence of Schoggins's past income. For the same reasons, the trial court also did not err in overruling Coleman's foundational objections to Haynes's testimony. Finally, viewing Haynes's testimony, including reasonable inferences, in the light most favorable to plaintiff, the nonmoving party, we cannot say that there is no evidence from which the jury could have awarded economic damages to plaintiff based on pecuniary losses to Schoggins's estate and to his beneficiaries; accordingly, the trial court did not err in denying Coleman's motion for a directed verdict on plaintiff's claim for economic damages. Coleman's fifth, sixth, and ninth assignments of error fail.
Affirmed.
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