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Loss of Earnings Cases Summarized By Accident Attorney

This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Loss of Earnings. For more information on loss of earnings see the pages on Wikipedia.

Loss of Earnings-Statutes

SeeVa. Code § 8.01-35 indicating that wage claim shall not be diminished because of reimbursement, nor shall reimbursement be admitted into evidence.

See Va. Code § 8.01-37 indicating emancipated infant entitled to recovery of loss of earnings.

See Va. Code § 8.01-413.1 allowing copy of wage or salary records or papers of employee to be admitted into evidence if original document is admissible provided that copy is properly authenticated.

Loss of Earnings-Cases

2015 Egan v. Butler, 290 Va. 62, 772 S.E.2d 765.
In this suit by former employee against employer on claims of malicious prosecution and defamation trial court improperly ex- cluded history of the plaintiff’s prior work. This evidence was properly admissible as bearing on future lost income claim and the failure to admit it is reversible error.

2004 Bullard v. Alfonso, 267 Va. 743, 595 S.E.2d 284.
Trial court erred in excluding evidence of lost income suffered by plaintiff where employer had paid regular salary during period of disability. Defendant argued that plaintiff had simply not suffered any loss of earnings or income because the employer paid full wages.

1994 CSX Transp. v. Casale, 247 Va. 180, 441 S.E.2d 212.
Plaintiff presented evidence of loss of earnings, future wage increases, cost of living increases in the future and fringe benefits. Issue arose as to who has burden to reduce future damages to present value. Court held that under FELA defendant has burden.

1991 Greater Richmond Transit Co. v. Wilkerson, 242 Va. 65, 406 S.E.2d 28.
In order to form reliable basis to form calculation of loss of future income, or loss of earning capacity, such evidence must be grounded on facts specific to individual whose loss is being calculated. In this case evidence should not have been admitted.

1990 Bulala v. Boyd, 239 Va. 218, 389 S.E.2d 670.
Plaintiff presented economist’s testimony of future loss of earnings or income of infant plaintiff with no work history. Too speculative, therefore stricken.

1989 Clark v. Chapman, 238 Va. 655, 385 S.E.2d 885.
Medical testimony not necessary in order to allow jury to consider future loss of earnings or income. In this case, plaintiff was allowed to present evidence of rehabilitation counsellor. In addition, economist allowed to testify as to future lost income due to decreased employability of plaintiff. Calculation of future lost earnings was $44,710. Medical doctor testified to permanent partial disability of 30%. Plaintiff testified to chronic pain. This was enough to allow jury to consider future lost earnings and/or lost earning capacity.

1982 Sea Land Serv. v. O’Neal, 224 Va. 343, 297 S.E.2d 647.
Plaintiff was entitled to have jury consider damages resulting from future loss of earnings based upon position from which she was induced to resign by promise of another position.

1982 Exxon Corp. v. Fulgham, 224 Va. 235, 294 S.E.2d 894.
Evidence supported instruction on loss of earning capacity. It was not material that plaintiff, cabinetmaker when injured, was earning more as office-machine repairman at time of trial. Such instructions have been disapproved where injury, although permanent, was either minimal, cosmetically objectionable only, or would not be impediment in performance of work for which plaintiff is qualified. Hypothetical question about prospective loss of wages is improper.

1981 Peterson v. Neme, 222 Va. 477, 281 S.E.2d 869.
Nonimmigrant alien, excluded by federal law from job market in United States, can recover loss of earnings or wages as element of damages ex delicto, even though she is working illegally.

1981 Doe v. West, 222 Va. 440, 281 S.E.2d 850.
Trial court erred in concluding that jury had disregarded some elements of damages other than loss of earnings and in setting aside verdict as inadequate.

1979 Keepe v. Shell Oil, 220 Va. 587, 260 S.E.2d 722.
Employee has no standing to sue for loss of earnings resulting from tort committed by third party against his employer.

1972 Facchina v. Richardson, 213 Va. 440, 192 S.E.2d 791.
Certificate from employer as to wages and hours lost from work was hearsay and improperly admitted; error was harmless since other competent evidence established point.

1972 Basham v. Pate, 212 Va. 772, 188 S.E.2d 198.
Plaintiff had five percent disability of hand. No basis for instruction on lessening of earning capacity since no evidence of such.

1968 State Farm Mut. Ins. Co. v. Futrell, 209 Va. 266, 163 S.E.2d 181.
Evidence of physical ailments was sufficient for jury to conclude that plaintiff had suffered loss of earning capacity.

1965 Beasley v. Bosschermuller, 206 Va. 360, 143 S.E.2d 881.
Plaintiff was granted instruction as to reduced earning capacity when there was no evidence of reduced earning capacity but only evidence of future loss of wages due to future surgery. Instruction improper.

1961 Garnett v. Paul, 203 Va. 79, 122 S.E.2d 662.
Trial court admitted evidence of average person’s earnings in plaintiff’s occupation in support of plaintiff’s wage claim. No exception noted by defendant.

1961 MacDonald v. Firth, 202 Va. 900, 121 S.E.2d 369.
In regards to wage claim, test is loss of earnings and not reasonable value of lost time.

1960 Hiss v. Friedberg, 201 Va. 572, 112 S.E.2d 871.
Plaintiff sought to recover for value of time lost in preparing for litigation with third party which was made necessary by breach of contract of defendant. Court did not decide whether this was proper element of damage.

1960 Moore v. Lewis, 201 Va. 522, 111 S.E.2d 788.
Plaintiff presented no evidence that she actually lost any wages although there was evidence that she had lost time from work. Instruction on lost wages properly refused.

1958 Hoge v. Anderson, 200 Va. 364, 106 S.E.2d 121.
Clerk of court was allowed to compute on adding machine average weekly wage of plaintiff from pay slips in evidence.

1957 Perlin v. Chappell, 198 Va. 861, 96 S.E.2d 805.
As result of his injuries plaintiff was not able to do his former work. His employer gave him lighter work to do and paid him same wages. He received raises proportionate with those of other employees. These facts were pertinent on question of damages and should have been considered by jury in determining amount of damages.

1956 Asphalt Serv. Co. v. Thomas, 198 Va. 490, 95 S.E.2d 141.
Exhibits showing prior earnings history of plaintiff were properly admitted.

1954 Gwaltney v. Reed, 196 Va. 505, 84 S.E.2d 501.
Plaintiff was nurse and offered evidence as to how much she earned per day but nothing as to how many days she probably would have worked if she had not been injured and nothing as to what she had earned during any comparable period prior to her accident. Plaintiff failed to meet her burden.


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Loss of Earnings Cases Summarized By Accident Attorney

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