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Dossie v. Sherwood

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In this personal injury action, appellee Corey Sherwood sued appellant Kecia Dossie for injuries he received as a result of Dossie driving her vehicle into his own, while allegedly operating her vehicle in a negligent manner. Following a trial, the jury returned a verdict in favor of Mr. Sherwood pursuant to a general-verdict form. Without challenging the jury’s finding of liability, Ms. Dossie argues on appeal that the trial court erred by denying her motion for directed verdict on the issue of lost earnings, which she claims resulted in a jury verdict based upon speculation and guesswork. We disagree and affirm. Our case begins with Corey Sherwood’s decision to make a go of the “American dream.” After eight years of employment with Sears as a delivery helper and just three months before the accident in question, Mr. Sherwood purchased a delivery truck and started his own business working for a carrier company that contracted with him to deliver furniture on behalf of large retail outlets like Sears. Tragically, this business venture was short lived due to a wrist injury Mr. Sherwood sustained as a result of the accident involving Ms. Dossie —which prevented him from working and/or operating his business for six months, caused him to lose his delivery contract with the carrier company, and forced him back into employment as a contractor’s helper.

Thereafter, Mr. Sherwood sought damages to compensate him for his medical expenses, the general pain and suffering he experienced as a result of the accident, and the lost earnings he suffered during the six-month period he was unable to work or operate his business.1 At the close of evidence, Ms. Dossie moved for a directed verdict on the issue of Mr. Sherwood’s lost earnings, which the trial court denied. The jury then returned a general verdict awarding Mr. Sherwood damages in the aggregate amount of $28,727.92.2 This appeal follows.

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