VEI Challenges

Full Citation	Scott R. Franks and Karla Franks v. Caito Food Service, Inc.; Cause No. 40C01-9811-CP-402
Court	Jennings Circuit Court; State of Indiana
Facts of Case	Male, high school graduate with shoulder, neck, and head injuries resulting in constant pain, and problems with lifting, writing, typing, grip strength, repetitive use of his arm, fatigue
VEI Analysis	Loss of earnings in a range from $284,130, based on a reduction in worklife expectancy only, to $487,988 based on a reduction of earnings and worklife expectancy (Report â€“ April, 2002)
Challenge	Motion (February 2003)
Challenge Issues	Residual capacity Assessment of Mr. Franks Validity of CPS data Definition of disability Use of statistical average Self-reported disability CPS use by other researchers Daubert standards Corcione article Hale article Rodgers article Michels v. United States
VEI response	VEI Affidavit (March 2003) Attorney's Response (March 2003)
Results	Challenge unsuccessful; Order (March 21, 2003)