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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) |
Last modified:
Tuesday October 07, 2003 02:23 PM
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