|
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 |
