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| Full Citation |
Della Hough-Scoma v. Wal-Mart Stores, Inc.
99-7518 (L), 99-7592 (XAP); 96-CV-707(S) |
| Court |
Court of Appeals for the Second Circuit;
District Court for the Western District of New York |
| Facts of Case |
Female sustained cervical injuries when hit
on the back of the head by a falling carpet; returned to work as a nurse
with accommodations made by her employer; doctor does not believe that
cervical range of motion will ever be normal, but does not place any work
restrictions on her |
| Challenge Issues |
Insufficient foundation laid for inclusion of
the "Gamboa Tables"
Lack of medical evidence to support claim of future lost wages |
| VEI Observation |
Though medical evidence existed that the plaintiff's restricted range of motion
might be permanent, no work restrictions were placed on her. Plaintiff’s expert used The New Worklife
Expectancy Tables as part of his testimony.
The Second Circuit overturned the jury award on future lost wages
that was based partly on the tables.
The court, however, notes that the tables were not submitted into
evidence and as a result that “the record is insufficient to
establish that these tables are applicable under the circumstances present
in this case.” No evidence
was submitted on such supporting information as the government’s
definition of work disability or on the peer review of the tables and the
Current Population Survey data. This
support does exist. The court
simply did not have the information necessary for making an informed
decision. |
| Results |
Court disallowed claim for future lost wages; Opinions (January 7,
2000; April 15, 1999) |
Last modified:
Friday September 26, 2003 11:52 AM
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