Hall v. IKEA Property Inc.

Filing 89

OPINION and ORDER Denying Defendant's 77 Motion in Limine to Preclude Evidence of Plaintiff's Wage Loss Claim. Signed by District Judge Linda V. Parker. (RLou)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
CHARLES HALL,
Plaintiff,
v.

Case No. 4:14-cv-12706
Honorable Linda V. Parker

IKEA PROPERTY, INC., a
foreign profit corporation,
Defendant.
__________________________/
OPINION AND ORDER DENYING DEFENDANT’S MOTION TO
PRECLUDE EVIDENCE OF PLAINTIFF’S WAGE LOSS CLAIM (ECF
NO. 77)
Plaintiff Charles Hall (“Plaintiff”) filed this lawsuit asserting claims of
premises liability and negligence against Defendant Ikea Property, Inc.
(“Defendant” or “Ikea”). The matter is currently scheduled for trial on November
14, 2016. Both Plaintiff and Defendant have filed motions in limine in anticipation
of trial, which presently remain pending before the Court. In those motions,
Plaintiff seeks to:
 Strike Defendant’s Expert Witness, Andrew J. Sievers (ECF No. 74); and
 Strike Nonparty At Fault Claim (ECF No. 75).
Defendant’s motions in limine seek to:
 Exclude Testimony of DeAndre Kinney (ECF No. 76); and

 Preclude Evidence of Plaintiff’s Wage Loss Claim (ECF No. 77).
Both parties have filed briefs in response to the opposing party’s motions. (ECF
Nos. 78-84.) The Court now resolves the Motion to Preclude Evidence of
Plaintiff’s Wage Loss Claim. (ECF No. 77.)
I.

Factual Background

Plaintiff filed this suit against Defendant for an injury he obtained through
the course of his employment at J.W. Logistics (“JW”). (ECF No. 28, ¶¶ 3, 7.)
Plaintiff seeks compensation for the wages he lost as a result of the accident. (Id.,
¶ 35.)
At the time of the accident, Plaintiff states he was working full time at a set
rate of $100 per hour. (ECF No. 78 at Pg ID 1082-83.) Plaintiff had worked for
one and a half months at the time of the accident. (Id. at Pg ID 1082.) Plaintiff
was paid in cash and therefore lacks pay stubs and did not file tax returns. (ECF
No. 77 at Pg ID 1027.)
Plaintiff argues this is sufficient to calculate loss of wages. Defendant
disagrees, noting that Plaintiff is unable to show what he was earning prior to the
accident and therefore should not be allowed to present evidence of wage loss
during trial. (ECF No. 77 at Pg ID 1027.)
II.

Legal Standard

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“Recovery is not permitted in a tort action for remote, contingent, or
speculative damages.” Ensink v. Mecosta County General Hosp., 687 N.W.2d
143, 147 (Mich. App. 2004) (quoting Theisen v. Knake, 599 N.W.2d 777, 782
(Mich.App. 1999). The party asserting damages has the burden of proving its
damages with reasonable certainty. Id. at 148 (internal citation omitted). While
recovery does not permit speculative damages, “mathematical precision” is not
required if there is a “reasonable basis for computation.” Id. (citing Hofmann v.
Auto Club Ins. Ass’n, 535 N.W.2d 529, 555 (Mich.App. 1995). “[Q]uestions of
what damages might be reasonably anticipated is a question better left to the
factfinder.” Id. (citing Wendt v. Auto Owners Ins. Co., 401 N.W.2d 375, 378
(Mich.App. 1986).
III.

Analysis

Defendant notes that Plaintiff is unable to provide tax returns or pay stubs to
calculate wage loss damages. (See, e.g., ECF No. 77 at Pg ID 1027.) However,
Plaintiff has stated both the amount he was paid per day at his last job and
provided some information about prior steady jobs. (E.C.F. No. 78 at Pg ID 108283.) Whether this information constitutes a “reasonable basis for computation” is
question that should be left for the factfinder—the jury—rather than the Court at
this time. See Ensink, 687 N.W.2d at 148.
Accordingly,
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IT IS ORDERED that Defendant’s Motion to Preclude Evidence of
Plaintiff’s Wage Loss Claim (ECF No. 77) is DENIED.
s/ Linda V. Parker
LINDA V. PARKER
U.S. DISTRICT JUDGE
Dated: November 2, 2016
I hereby certify that a copy of the foregoing document was mailed to counsel of
record and/or pro se parties on this date, November 2, 2016, by electronic and/or
U.S. First Class mail.
s/ Richard Loury
Case Manager

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