CINCINNATI — A unanimous Sixth Circuit U.S. Court of Appeals panel affirmed a $3 million judgment for a plaintiff against E.I. du Pont de Nemours & Co. on March 30 after concluding that the plaintiff provided sufficient medical evidence to support his theory of permanent injuries from on-the-job exposure to methyl benzoate, methyl p-toluate and orthoxylene (Murray Lawrence v. E.I. du Pont de Nemours & Co., No. 05-6895, 6th Cir.; 2007 U.S. App. LEXIS 8133).
The panel also denied an assignment of error based on the calculations of the loss of earning capacity. DuPont averred that the loss of earning capacity evidence presented by vocational expert David Strauser was unduly speculative. The company said it doubted that the jury followed instructions to adjust the loss of earning capacity award.
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Dr. Michael Houston testified for plaintiff Murray Lawrence that recurring respiratory and pulmonary complaints from exposure to the chemicals would cause long-term issues with employment as a welder. Houston said Lawrence would need to be retrained for work in a "respiratory irritant free environment," according to the record.
"Once we give Lawrence the benefit of ‘all reasonable inferences to sustain the verdict,' as we also must under Tennessee law, Alley v. McLain's Inc. Lumber & Construction, 182 S.W.3d 312, 316 (Tenn. App. 2005), we believe that the jury had sufficient medical evidence from which to conclude Lawrence's injuries were permanent and that he would sustain damages from his injuries into the future," the panel said.
Regarding the earning capacity estimate, the panel said, "The range that Strauser presented to the jury (from $318,920 to $380,800) thus represented a reasonable, not a speculative, estimate of Lawrence's lost earning capacity, and the jury's award at the low end of the range ($327,030) shows it critically considered Strauser's expert testimony rather than unthinkingly speculating about an appropriate award."
The jury verdict form shows that in August 2005, Lawrence was awarded $193,450 for past pain and suffering damages and $1.5 million for future pain and suffering. The jury also awarded $400,000 for permanent impairment, $116,070 for loss of the ability to enjoy life — past, and $82,125 for loss of ability to enjoy life — future. Economic damages awarded by the jury were $44,000 for medical care — past; $368,000 for future medical care; $96, 346 for lost earnings — past; and $327,030 for lost earnings — future.
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