Earlier this month, one state’s supreme court issued a written opinion discussing the availability of damages for a student-plaintiff who was not employed at the time of the accident but expected to obtain employment after graduation. In the case, Fecke v. Board of Supervisors of Louisiana State University, the court ultimately determined that the plaintiff was eligible to receive damages based on a decrease in her future earnings, although she was not employed at the time of the accident.
The Facts of the Case
Fecke was a college student at Louisiana State University. As a part of one of her courses, Fecke was required to complete an indoor rock climbing assignment at the school’s gym. Fecke scaled the wall without a problem, but on the way down, she fell, fracturing her ankle. She blamed the fall on an employee of the facility. As a result of the fall, she required several surgeries, eventually requiring her ankle to be fused.
Fecke and her family filed a lawsuit against the school. After a jury trial, Fecke was found to be 25% at fault and the University 75% at fault. Fecke and her family were awarded just under $2 million, part of which was an award for loss of future earnings. On appeal, the University appealed several issues, one of which was whether an unemployed college student is eligible for damages based on loss of future earnings.