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Richmond v. Zimbrick Logging, Inc.

124 Or. App. 631 (1993)

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Richmond v. Zimbrick Logging, Inc.

Oregon Court of Appeals

124 Or. App. 631 (1993)

Facts

Richmond (plaintiff) was a homemaker and a minister’s wife. Richmond was injured when a logging truck driven by an employee of Zimbrick Logging, Inc. (defendant) hit the car she was riding in. Prior to the accident, Richmond had not worked outside the home since before 1971. Richmond had volunteered at her husband’s church, helping with janitorial work and other church duties. Richmond did not have any plans to work outside of the home at the time of the accident. Richmond sued Zimbrick, alleging negligence. Richmond presented expert testimony from a vocational rehabilitation counselor that she had lost half of her earning capacity because her injuries limited her to working no more than 20 hours per week. The counselor also testified regarding Richmond’s lifetime earning potential, using average wages for someone of a similar age, gender, and educational achievement. After trial, the jury found for Richmond and awarded her damages, including $30,000 for impaired earning capacity. Zimbrick appealed.

Rule of Law

Issue

Holding and Reasoning (Durham, J.)

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