Background:

• Maxwell McKee sustained a permanent arm deformity due to negligent medical treatment by Dr. Hicks following a fracture. Dr. Hicks admitted liability, and the dispute was over the damages.

Key Legal Issues:

• Assessment of loss of future earning capacity and loss of future housekeeping capacity.

Court of Appeal's Findings:

• Loss of Future Earning Capacity: The lower court's award of $65,000 was deemed insufficient and based on flawed reasoning regarding economic evidence, resulting in an increased award of $250,000.
• Loss of Future Housekeeping Capacity: The appeal regarding this issue was dismissed as the lower court correctly included this loss in the non-pecuniary damages.

Reasoning:

• The court found that the original judge did not appropriately consider relevant economic evidence when valuing the appellant’s loss of future earning capacity, leading to an inordinately low estimate.
• Regarding housekeeping capacity, the judge’s decision to include it within non-pecuniary damages was upheld as she correctly identified this as a compensable loss, albeit not requiring a separate pecuniary award.

Outcome:

• The appeal was allowed in part concerning the loss of future earning capacity but dismissed regarding the loss of housekeeping capacity.