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Full Citation Joanne Petridge v. Hewlett-Packard Company; Civ. No. 01-0058-S-BLW
Court United States District Court; District of Idaho
Facts of Case 57-year-old female with low back pain, diverticulitis, and depression
Challenge Memorandum Decision of Judge Winmill (May 23, 2002) - notes issues to be addressed on motions to exclude plaintiff's vocational rehabilitation and economic experts
Challenge Issues

Correct use of The New Worklife Expectancy Tables

Skoog and Toppino article

Validity of the data underlying The Tables

Criticism by a government economist

Peer review of The Tables

VEI Observation No ruling was made in this case, and no response was ever made to the issues raised.  The Memorandum Decision notes issues that the judge wanted to have addressed at a hearing on the motions.  No hearing was held as the matter was deemed moot when counsel agreed not to have the experts testify.

In the Memorandum Decision, the judge questioned use of the All Disabled category by the vocational expert.  Based on the facts contained in the Decision, use of this category was a conscious decision on the expert's part, as he felt the plaintiff was better off than the average person with a severe disability, but not as well off as an average person with a nonsevere disability.  As noted in The Tables, not everyone fits neatly to an average severe or nonsevere statistic, and adjustments should be made as the expert deems appropriate.  It appears that the expert did that in this case.

All other issues raised regarding The Tables can be addressed as noted (see links in the Challenge Issues section above).

Results Resolution (May 24, 2002)

 


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