DOSSIE v. Sherwood
308 Ga. App. 185
Ga. Ct. App.2011Background
- Sherwood, after eight years at Sears, started his own delivery business shortly before the accident involving Dossie.
- The wrist injury from the collision prevented Sherwood from working for six months and caused him to lose his delivery contract.
- Sherwood sought damages for medical expenses, general pain and suffering, and lost earnings during the six-month downtime.
- At trial, Dossie moved for a directed verdict on lost earnings, which the court denied; the jury returned a general verdict awarding $28,727.92.
- Dossie argued the lost-earnings verdict was speculative, but Sherwood presented evidence of earnings capacity and loss during the downtime.
- The court addressed waiver issues, noting no apportionment of damages and no request to segregate lost earnings from other damages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the lost earnings award was proper. | Dossie asserts the award rests on speculation. | Dossie contends lack of apportionment invalidates the specific loss. | Evidence supports lost earnings; no reversible error. |
| Waiver of apportionment affects review of lost earnings. | Sherwood contends argument waived by failure to apportion. | Dossie faults lack of apportionment and general verdict form. | Appellate waiver, but substantial evidence still supports loss. |
| Whether lost earnings can be recovered when precise amount is not certain but causation is established. | Sherwood proved cause by tort and estimated earnings loss. | Dossie argues uncertainty defeats recovery. | Loss of earnings recoverable with reasonable certainty when causation shown. |
Key Cases Cited
- Gipson v. Phillips, 232 Ga.App. 235 (Ga. Ct. App. 1998) (damages for lost earnings allowed if reasonable certainty)
- Quiktrip Corp. v. Childs, 220 Ga.App. 463 (Ga. Ct. App. 1996) (lost wages/earnings recoverable where amount shown with reasonable certainty)
- Beal v. Braunecker, 185 Ga.App. 429 (Ga. Ct. App. 1987) (distinction between lost profits and lost earnings; reasonable-certainty standard for earnings)
- The Pep Boys-Manny, Moe & Jack, Inc. v. Yahyapour, 279 Ga.App. 674 (Ga. Ct. App. 2006) (waiver when no apportionment requested for damages)
- Kroger Co. v. Perpall, 105 Ga.App. 682 (Ga. Ct. App. 1962) (loss of time and earning capacity recoverable; proof by occupation/profit context)