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Full Citation James R. Garland v. Ralph Rossknecht; 624 N.W.2d 700
Court South Dakota Supreme Court
Facts of Case Male sustained injury in a vehicular accident resulting in the need to take longer breaks than prior to injury (1/2 hour every four hours)
Challenge Issues Lack of foundation for opinion regarding reduced earning capacity; allowing economist to assign a disability rating
VEI Observation The court determined that there was an abuse of discretion when the economist was allowed to testify regarding the plaintiff's disability and loss of earnings.  It was determined that the economist did not have a proper foundation for his calculation of the plaintiff's reduced worklife expectancy.
Results Opinion (March 28, 2001)

 

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