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Strauss v. Continental Airlines, Inc.

Competent evidence of lost profits may be of probative value in showing diminished earning capacity in a personal injury case.

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OPINION

Appellant Berney L. Strauss sued appellee Continental Airlines, Inc. for personal injuries suffered as Strauss was boarding a Continental Airlines flight. The case was tried to a jury that found Continental Airlines 75% negligent and Strauss 25% negligent, and awarded damages, including $1,024,000 for loss of earning capacity. The trial court granted Continental Airlines a judgment notwithstanding the verdict on the loss of earning capacity damages, from which Strauss appeals. Continental cross-appeals, arguing that the trial court erred in (1) denying Continental’s motions for mistrial and new trial based on Strauss’s improper communications with the jurors; (2) excluding records of Strauss’s psychiatric treatment; and (3) excluding the testimony of Continental’s expert psychiatric witness. For the reasons stated below, we affirm.

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