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Full Citation Judy Farina and John Farina v. Hershey Entertainment & Resorts Company; Case No. 1329 CV 2002
Court Court of Common Pleas; Dauphin County, Pennsylvania
Facts of Case Female with post-secondary training with leg injury resulting in pain, swelling, and difficulties with prolonged walking, mobility, squatting, and various household chores
VEI Analysis Loss of earnings of $509,864 based on a reduction of earnings and worklife expectancy (Report – November 7, 2002)
Challenge

Motion (February 2004)

Challenge Issues

Expert qualifications

Medical support

Residual capacity

Fringe benefits

Definition of disability

Validity of CPS data

Probability of future disability

Use of statistical average

Methodology

CPS use by other researchers

Relevance to Ms. Farina

VEI response

VEI Affidavit (February 2004)

Results Motion successful - Memorandum Order (June 2004); the court felt that there was an inadequate medical foundation laid for Ms. Farina's disability, that the vocational expert was not qualified to opine on how her condition effects on her ability to work, and that the "faulty assumptions" resulted in faulty methodology

 

 

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