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Downing v. Shoreside Petroleum, Inc.

TORT LAW
Supreme Court of Alaska (2023)
Sammy Sawyer

In Downing v. Shoreside Petroleum, Inc., 528 P.3d 874 (Alaska 2023), the supreme court held that a plaintiff who has proven harm to her future earning capacity from her injuries need not prove the amount of lost future earnings to a reasonable certainty to be eligible to receive damages. (Id. at 875). In 2017, Downing was rear-ended by a tractor-trailer driven by an employee of Shoreside Petroleum, Inc. (Id.). As a result of the crash, Downing suffered dizziness, headaches, pain, and memory loss that persisted through the time of trial three and a half years later. (Id.). The wreck had significant impact on her ability to continue her profession as a surgical OB/GYN, so she sued Shoreside Petroleum seeking, among other damages, lost future earning capacity. (Id.). The superior court held that Downing had proven it was more likely than not that she had suffered a loss of her earning capacity due to the accident. (Id. at 884). But it also concluded that she had failed to present sufficient evidence to allow the court to calculate the amount of the loss to a degree of reasonable certainty, so it dismissed the claim. (Id.) Downing appealed the decision, arguing that the superior court applied the wrong legal standard. (Id.). The supreme court agreed with Downing, reasoning that only the fact of damages must be proven to a reasonable certainty. (Id. at 886). Once the fact of damages is proven, then the plaintiff only needs to add some form of data that enables the trier of fact to reasonably estimate the amount of damages. (Id.). Additionally, the court noted that a fact finder may not award zero damages when it is proven that negligence caused some compensable injury, so at least nominal damages should have been awarded. (Id. at 890). Reversing the superior court’s dismissal of the lost earning capacity claim, the supreme court held that a plaintiff who has proven harm to her future earning capacity from her injuries need not prove the amount of lost future earning to a reasonable certainty to be eligible to receive damages (Id.).

Downing v. Shoreside Petroleum, Inc.

TORT LAW
Supreme Court of Alaska (2023)
Sammy Sawyer

In Downing v. Shoreside Petroleum, Inc., 528 P.3d 874 (Alaska 2023), the supreme court held that a plaintiff who has proven harm to her future earning capacity from her injuries need not prove the amount of lost future earnings to a reasonable certainty to be eligible to receive damages. (Id. at 875). In 2017, Downing was rear-ended by a tractor-trailer driven by an employee of Shoreside Petroleum, Inc. (Id.). As a result of the crash, Downing suffered dizziness, headaches, pain, and memory loss that persisted through the time of trial three and a half years later. (Id.). The wreck had significant impact on her ability to continue her profession as a surgical OB/GYN, so she sued Shoreside Petroleum seeking, among other damages, lost future earning capacity. (Id.). The superior court held that Downing had proven it was more likely than not that she had suffered a loss of her earning capacity due to the accident. (Id. at 884). But it also concluded that she had failed to present sufficient evidence to allow the court to calculate the amount of the loss to a degree of reasonable certainty, so it dismissed the claim. (Id.) Downing appealed the decision, arguing that the superior court applied the wrong legal standard. (Id.). The supreme court agreed with Downing, reasoning that only the fact of damages must be proven to a reasonable certainty. (Id. at 886). Once the fact of damages is proven, then the plaintiff only needs to add some form of data that enables the trier of fact to reasonably estimate the amount of damages. (Id.). Additionally, the court noted that a fact finder may not award zero damages when it is proven that negligence caused some compensable injury, so at least nominal damages should have been awarded. (Id. at 890). Reversing the superior court’s dismissal of the lost earning capacity claim, the supreme court held that a plaintiff who has proven harm to her future earning capacity from her injuries need not prove the amount of lost future earning to a reasonable certainty to be eligible to receive damages (Id.).