Earl v. Bouchard Transportation Company, Inc.

735 F. Supp. 1167 (1990)

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Earl v. Bouchard Transportation Company, Inc.

United States District Court for the Eastern District of New York
735 F. Supp. 1167 (1990)

  • Written by Tammy Boggs, JD

Facts

James Earl (plaintiff) had worked for years as a tugboat deckhand and was nearing the end of his career. Earl was working for Bouchard Transportation Company, Inc. (Bouchard) (defendant) in 1984 when he injured his elbow and ankle in two workplace accidents. Earl’s injuries allegedly caused him to retire early, in May 1985, one month before he turned 62. Earl sued Bouchard seeking compensation under the Jones Act and general maritime law. At trial, Earl testified that he would have continued working as he had been until his planned retirement at age 65 but his injuries had forced him to retire early. In contrast, Bouchard adduced evidence that Earl had been planning to retire in June 1985, when he turned 62. Other, statistical evidence showed that an average 62-year-old man could be expected to work until the age of 67. Earl’s counsel argued to the jury in closing that Earl should be awarded damages assuming retirement at either age 65 or age 67. The jury found Bouchard negligent and awarded $855,000 in damages to Earl, $425,000 of which was attributed to loss of future earnings. The jury’s award implicitly assumed either a work-life expectancy of at least 70 years or an unprecedented increase in wages. Bouchard moved for a new trial or remittitur of a reduced judgment.

Rule of Law

Issue

Holding and Reasoning (Weinstein, J.)

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