Is expert testimony required to reduce future economic damages to present value?
Answer: Yes, but the defendant who wants it reduced must present the evidence. See: Miller v. Union Pacific RR Co., 900 F.2d 223, 225-26 (10th Cir. 1990): Defendant asking reduction to present worth must provide evidence as to inflation or discount rate. See also: MKT v. Edwards, 361 P.2d 459, 467 (Okla. 1961): Where future damages are awarded, the present worth of the amount awarded will be considered; Bready v. Tipton, 407 P.2d 194 (Okla. 1965): Present worth rule does not apply to intangible damages, such as P & S, nor to loss of future earnings of child where no reliable evidence of earning capacity. See 3 PIADD, §3.04, p.206 et seq.
Posted on Mon, March 8, 2010
by Sharon Coleman