Robinson v. Allen
Robinson v. Allen
Opinion of the Court
In this personal injury suit arising out of an automobile collision the plaintiff and the third-party defendant, who had counterclaimed against the defendant, third-party plaintiff, the appellant here, received jury verdicts in their favor. The appellant appeals from the judgment entered on these verdicts and from the order overruling his motion for new trial. Held:
1. Plaintiff testified that at the time of the collision he was employed as a metal worker for a newspaper at $75 a week; that as a result of his injuries received in the collision, he could no longer continue in this type of work and at the time of trial, more than three years after the collision, he was employed as custodial worker for the same newspaper. He also testified that he was familiar with the wage scales of a metal worker; that he would have had five years total service as a metal worker had he not been injured. Over objection the plaintiff was permitted to state that had he continued as a metal worker his weekly salary at time of trial would probably have been $140 or $145 per week. The evidence that plaintiff apparently had at least two years satisfactory service prior to the accident as a metal worker, and has continued to work for the same employer, plus his testimony as to his familiarity with a metal worker’s wage scale provided a sufficient basis for the admission of this testimony. See Camilla Cotton Oil &c. Co. v. Walker, 21 Ga. App. 603 (94 SE 855).
2. The court charged the jury on diminished earning capacity due to permanent injury and instructed them to reduce future loss of earnings to its present value. Exception was taken on the'
Judgment affirmed in part; reversed in part.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.