Given the defendants' position at trial and on appeal, we do not need to address this issue. Since no argument was advanced by the defendants on this point, we leave the matter open for future consideration. We do not want to be taken as endorsing the plaintiff's submission that Bunce v. Flick, supra, establishes that loss of future income is a separate and distinct claim from loss of earning capacity. The only point in issue was whether the plaintiff's claim alleged loss of earning capacity. In this case, the plaintiff makes no claim for loss of earning capacity. In the circumstances of this case, we assume that the defendants have proceeded on the footing the final assessment of damages will be the same regardless of terminology or approach.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.