| Full Citation |
Destinee Middleton and Tony Middleton v. Sears, Roebuck and Company; No. 5:99CV157 |
| Court |
District Court for the Eastern District of Texas, Texarkana Division |
| Facts of Case |
Female college graduate sustained injury to her right leg and left ankle; medical
evidence varied from the possibility of a permanent nonunion of her leg
fracture to the possibility of union and minimal impairment |
| VEI Analysis |
Loss of earnings in a range from $89,493 with minimal impairment to $1,077,339
with permanent nonunion (Report – March 9, 2000) |
| Challenge |
Motion (October 27, 2000)
Motion (November 22, 2000) |
| Challenge Issues |
Expert qualifications
Validity of Current Population Survey data
Definition of work disability
General acceptance |
| VEI response |
Response
(November 7, 2000)
VEI affidavit (February 2001) |
| Results |
Challenge unsuccessful; Order (March 2, 2001) |