Nature of the Case
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Facts
P was injured in an auto accident. During trial the lower court found that P's failure to show a diminution in wages, subsequent to his return to work, three months after the accident, did not make it improper to submit to the jury the issue of loss of earning capacity. At the time of trial, P was out of work and from the date of the accident he continued to suffer from headaches, severe pain in his legs and the removal of skull structure would render him more prone to suffer from later slight injury. P found work after the accident, and his wages were higher, and D objected to introduction of evidence regarding reduced earning capacity. P prevailed, and D appealed.
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