Grayson v. Irvmar Realty Corp.
Supreme Court of New York, Appellate Division, First Department
7 A.D.2d 436 (1959)
Grayson (plaintiff), a 21-year-old with years of serious vocal training, a professional voice instructor and opera coach, and operatic workshop experience, fractured her leg and suffered hearing loss (particularly affecting pitch) after falling due to Irvmar's (defendant) poorly lit sidewalk bridge; her voice teacher and coach testified she had a superior voice and bright future, though Irvmar's own medical expert attributed her hearing impairment to a pre-existing condition. The jury awarded $50,000 for lost future earnings, and Irvmar appealed.
Whether an individual possessing special or rare talent may recover damages for loss of future earnings, even though not yet professionally engaged in that field, so long as the damages are measurable and not excessive.