LoSchiavo v. Northern Ohio Traction & Light Co.

Citations

• 106 Ohio St. (N.S.) 61

Syllabus

<p>Negligence — Measure of damages — Impairment of earning power and loss of earnings — Incapacity to conduct business— Profits lost not recoverable, when — Evidence—Character of and participation in business — Net profits inadmissible, when.</p> <p>1. In actions for damages for personal injury one of tbe elements of damage is tbe impaired earning power of tbe injured party and the loss of personal earnings suffered during such time as tbe injured party was either wholly or partially incapacitated.</p> <p>2. Such party is not entitled to recover for loss of profits in any business owned or operated by him, but only the loss of those earnings which result from his personal efforts.</p> <p>3. Where a party is injured and thereby incapacitated from conducting his business, either wholly or partially, the measure of damage for such loss is the compensation ordinarily paid to others for rendering like service.</p> <p>4. In such actions it is proper to admit evidence of a party’s business, its character, its extent, the particular part transacted by him and the compensation paid to persons doing such business for another, but it is error to admit evidence of net profits of such business for a period immediately prior to such injury.</p>