Campain

Lois Campain slipped and fell while shopping in a Safeway Stores market on 11 July 1966. In her action for personal injuries against Safeway a jury awarded her $75,000 in damages, but on motion for a new trial the trial court ordered the amount of the judgment reduced to $50,000. Safeway and Campain both appeal.

The controlling issue on appeal involves the admissibility of evidence of damages for loss of earnings and future earnings. In November 1966 Campain filed a complaint praying for $25,000 damages for pain and suffering, medical expenses, and loss of earnings. Her complaint alleged that “plaintiff was prevented from attending to her usual occupation and sustained a loss of earnings and will in the future continue to sustain a loss of earnings.”

In October 1967 Safeway took Campain’s deposition: “[Counsel for Safeway]: Q Were you working at the time of the accident? A No. Q When was the last time you did any work? A I speculated in real estate with my own money, and that was in, oh, around ’55. Q Since then, have you just been a housewife? A Yes, that’s right. [Counsel for Safeway]: Counsel, will there be any claim for loss of earnings? [Counsel for Campain]: I…