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Whelan v. Missouri Public Service3/29/2005
ined. His expert psychologist testified that as a result of the electrical shock, Mr. Whelan had problems with concentration and focus adversely affecting his ability to pursue education or work. On cross-examination, Mr. Whelan testified that he was an "average" student in school.
In response to this evidence, Missouri Public Service presented evidence that Mr. Whelan had a history of minimal achievement in his educational endeavors. This evidence included Mr. Whelan's high school transcript that showed he primarily received Cs and Ds in high school, and his class rank upon completion of high school was 80th out of 81 students.
Mr. Whelan raised the issue of his ability to complete vocational training. As support for his claim of damages, Mr. Whelan offered evidence that he was unable to concentrate, learn, and complete such training and obtain a new job due to the electrical shock and resulting injuries. Evidence of his ability to concentrate and learn before he sustained the injuries for which he initiated the action and for which he claimed a resultant diminished capacity was relevant. His high school grades constitute an academic record of several years that are an indicator, although neither comprehensive nor conclusive, reflecting on his learning ability while attending high school, a period prior to his injuries. The evidence was, therefore, logically and legally relevant. The point is denied.
The portion of the trial court's judgment determining liability is affirmed, and the portion of the judgment awarding damages is reversed. The case is remanded for a new trial on the issue of damages.
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