Ruzzi v. Butler Petroleum Company

Ruzzi (plaintiff) was permanently injured when used fuel tanks near a gas station sign he was servicing exploded; the station was owned by Zinsser (defendant) and supplied by Butler Petroleum Company (Butler) (defendant), with the tanks sold by vendor Shockey (defendant). At trial, Ruzzi's expert, Jarrell, testified about Ruzzi's loss of earning capacity, even though Ruzzi was, at the time of trial, employed at a less physically demanding job earning the same salary as before his injury. A jury found Butler and Shockey liable, and both appealed, arguing in part that Jarrell's testimony exceeded the scope of his pretrial report and that Ruzzi's equal salary defeated any loss-of-earning-capacity claim.