Does the court instruct the jury that they must use 2% as their discount factor in calculating damages for future lost earnings?

Nor did the court instruct the jurors that they must use 2% as their discount figure. Rather, it described the 2% figure as "a good guideline," "a" way in which the jury could balance present discounted value with the effects of inflation (Tr. 102), stating "you may consider that the interest rate traditionally has been 2% higher than inflation," and stating that "your experience, common sense and judgment shows you that inflation rates are indeed variable" (Tr. 103; emphasis added). Throughout the charge, the court advised the jury to use its common sense and judgment to estimate what amount would be required to make the plaintiff whole. Thus, consistent with the trial court's instructions and with the law, see, e.g., Woodling v. Garrett Corp., 813 F.2d 543, 558-59 (2d Cir.1987) (upholding instruction that jury was to determine what rate was appropriate and stating that rates of 1.5% to 2% would not be inappropriate), the jury could easily have used a 1.5% discount factor, thereby increasing the award for future lost earnings to a significantly greater sum than that assumed by the majority.