This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Economist Testimony and the related topic of wrongful death. For more information on economists see the pages on Wikipedia.
Economist Testimony-Cases
2005 Vasquez v. Mabini, 269 Va. 155, 606 S.E.2d 809.
Wrongful death action where plaintiff offered economist testimony as to future lost earnings of decedent. The economic value of the decedent’s lost income was projected from a base of $16,000 per year beginning the day after the accident and continuing until retirement. It was admitted, however, that the decedent had little experience as a clerical worker, had earned less than $1,000 the previous year and that her annual earnings for the preceding several years had never exceeded $7,000. In calculating the value of decedent’s lost services, protection, care, and assistance, the expert made the assumption that her son would have lived throughout the mother’s remaining life expectancy and that he would continue as an adult dependent throughout that time. In fact, the expert was aware the son had died before trial. Based upon all of this, there was an insufficient foundation laid for the opinions.
1997 Poliquin v. Daniels, 254 Va. 51, 486 S.E.2d 530.
Economist testimony as to life expectancy based upon life tables and also work life expectancy. Based upon this, economist testified as to future loss of earnings reduced to present value. This testimony was properly allowed.
1995 CSX Transp., Inc. v. Casale, 250 Va. 359, 463 S.E.2d 445.
FELA case. Plaintiff presented expert economic testimony as to future lost income even though plaintiff testified that at time of trial he was working and intended to continue working. There was no factual basis for this expert testimony in light of plaintiff’s own evidence.
1980 Cassady v. Martin, 220 Va. 1093, 266 S.E.2d 104.
Testimony of economist not allowed in this wrongful death case as being too speculative.
