Earnings Loss Cases

Examples of Complex Cases in which experts at Litigation Economics have provided analyses and testimony include the following:

Claudine Woolf vs. Mary Kay, Inc., et al. Case involved economic damages that arose from constructive discharge of a salesperson for defendant based on her medical condition. Ms. Woolf was a successful saleswoman for Mary Kay when she learned she was pregnant and had breast cancer. After her sales fell due to time off for surgery and cancer treatments, she lost her position with defendant, but delivered her child. Retained by Angela Alioto, counsel for Plaintiff, San Francisco, California. Trial in Dallas, Texas Superior Court.

LAC Basketball Club, Inc. vs. Bill C. Fitch. Case involved a breach of written contract and breach of covenant of good faith and fair dealing by NBA coach who failed to seek alternative employment after being fired by Los Angeles Clippers. Analysis consisted of estimating economic loss to LAC had defendant in fact secured job in keeping with past experience as leading NBA and college basketball coach. Retained by Robert H. Platt, counsel for Plaintiff, Manatt, Phelps, & Phillips, LLP, Los Angeles, California.

Danielo Benedit vs. City of Coral Gables. This was a “whistle-blower” case involving a claim of failure to promote and related wage and benefit loss. Litigation Economics, LLC provided a detailed critique of plaintiff’s damages expert’s report and provided an alternative, fact-based assessments of lost earnings and pension benefits, including no loss alternative. Retained by defense counsel, Denise Heekin, of Bryant Miller Olive, Miami, Florida.

Patrick Petit vs. Diamond California Cab Co. A complex case that involved a personal injury and lost earnings by plaintiff as an employee and reduced business value of a start-up corporation owned by the plaintiff. Retained by Charles Osthimer, III and Sheila Shah Lichtblau, attorneys for Defendant, Wright Robinson Osthimer & Tatum, San Francisco, California.

DeCosta vs. Joan Herbert, et al. This case involved a car accident and back injury to driver of car in St. Thomas, Virgin Islands. Plaintiff, an independent contractor who sold real estate, claimed lost earnings, benefits and medical expenses due to injuries sustained in accident. Litigation Economics report noted episodic work history of plaintiff, earnings increase after the accident and inconsistency between claim of physical limits due to back injury and plaintiff’s regular performances in a dance troupe. Retained by defense counsel Brian T. Dougan, Gibson & Behman, P.C. Providence, Rhode Island.

Cramin vs. Bahama Divers. This case involved death of an Evanston, Illinois restaurant owner/chef who died while scuba diving during a family vacation in the Bahamas. He left behind a wife and three young children. Analysis and jury trial testimony involved consideration of decedent’s earnings, benefits, and support services in household production less personal consumption and income taxes. In addition, due to wife’s being distraught and unable to work, we also assessed her loss of past and future earnings and benefits adjusted for income tax. Retained by plaintiff counsel Attorney Guy Harrison of Etcheverry Harrison LLP, Fort Lauderdale, Florida.

Orozco, et al. vs. Michael Moss and Laurie Waite. What made this wrongful death case unusual was not the fact that we computed the present value of future earnings and household production adjusted for personal consumption, but that we also considered the impact on decedent’s life expectancy of his abuse of crack cocaine, alcohol, smoking and obesity. Each condition was considered as per impact on mortality risk factors using information gleaned from medical literature. Analysis done for defense counsel, Attorney Angelo Campano, Lancaster, California.