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Lindberg v. California Dep't of Education10/31/2005
il his seventy-second birthday on July 28, 2011, was $566,295. Hancock's calculations were based on the assumption that Lindberg, after using up his sick leave and vacation time, would have worked 10 more years after his heart attack. His calculations were based on retirement at age 72, because Lindberg said he expected to work that long.
In closing argument, Lindberg's attorney urged the jury to use Hancock's figure in calculating its award of economic damages. The jury awarded Lindberg $506,166. Its rationale for choosing a slightly lower figure than that testified to by Hancock and urged by counsel is unclear, but there is no disputing that the award represents 99 percent of Hancock's figure, or at least nine more years of full-time employment with CDE.
A plaintiff may recover for detriment reasonably certain to result in the future. (Civ. Code, ยง 3283; Noble v. Tweedy (1949) 90 Cal.App.2d 738, 744-745 (Noble).) However, such an award must be predicated on something more than possibility or conjecture. (Metcalf v. Drew (1947) 78 Cal.App.2d 226, 232.) The fact that the amount of future damages may be difficult to measure or subject to various possible contingencies does not bar recovery. However, there must be sufficient evidence showing a "`reasonable probability'" that the plaintiff will suffer the loss in the future and that the amount awarded is not unreasonable. (See Bihun v. AT&T Information Systems, Inc. (1993) 13 Cal.App.4th 976, 996-997, disapproved on another ground in Lakin v. Watkins Associated Industries (1993) 6 Cal.4th 644, 664.)
Because the economic damages award represented at least nine years' worth of lost wages and benefits, it had to be supported by evidence establishing, to a reasonable certainty, that Lindberg would have continued working that much longer had defendants not engaged in their wrongful conduct.
The jury was presented with no evidence showing that Lindberg was capable of continuing in full-time employment for such an extraordinary length of time. On the other hand, there was abundant evidence that Lindberg had severe pre-existing medical infirmities which made him a likely candidate for early retirement.
At the time of his first heart attack in 1996, Lindberg suffered from obesity, diabetes and a 20-year history of high blood pressure. After Lindberg's 1996 heart attack, a cardiac catheterization revealed he had multiple blockages in multiple coronary arteries, including a near 100 percent blockage in his right coronary artery. Dr. Link testified that Lindberg was at high risk for a heart attack due to many factors, including his diabetes, high blood pressure and family history. Lindberg's father had died of a heart attack at age 44, and family history is considered a "strong" risk factor in determining the likelihood of a future heart attack. Diabetes is also a strong risk factor in contributing to hardening of the arteries.
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