Mathis was injured when the automobile in which he was a passenger collided with the one driven by Copeland. He sued and received a verdict of $600 for his injuries. The only issue on appeal is whether there was sufficient evidence for the jury to determine any damages as a result of loss of earnings.
The trial judge, who allowed unlimited direct examination of Mathis in an attempt to establish his earning capacity as a then unemployed but sometimes odd job laborer, correctly decided that his testimony gave
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no evidence from which the jury could ascertain, except by conjecture and speculation, a reasonable basis to determine lost wages. "Where a party sues for specific damages he has the burden of showing the amount of loss claimed in such a way that the jury may calculate the amount of loss from the data furnished and will not be placed in a position where an allowance of the loss is based on guesswork. [Cit.]”
Studebaker Corp. v. Nail,
The trial judge properly instructed the jury not to consider any loss in earnings should they find that Mathis was entitled to recover.
Judgment affirmed.
