Peggy Downing v. Shoreside Petroleum, Inc. and Russell Mills

Summary

The court held that the superior court applied the wrong standard when it required proof of the amount of lost future earning capacity to a reasonable certainty. Once Downing established with reasonable certainty that the accident caused a permanent impairment, she needed only to provide some data enabling a reasonable estimate of the amount, and the evidence required at least an award of nominal damages. The court reversed dismissal of the earning-capacity claim, remanded for damages calculation, and vacated the attorney-fees order pending that determination.