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April 29, 2024
James, et al. v. Eastman Chemical Company, et al.
In April 2021, an independent contractor/truck driver filed suit against Eastman Chemical Company and related defendants for personal damages arising from an industrial accident. The lawsuit, Chadrick James, et al. v. Eastman Chemical Company, et al. (2:21-CV-00075), filed in the U.S. District Court for the Eastern District of Tennessee, alleged that an Eastman employee was responsible for the accident making Eastman vicariously liable for the plaintiff’s economic damages. Dr. D.C. Sharp, an Econ One expert experienced in personal injury and wrongful death matters, was retained by counsel for Eastman.
Dr. Sharp was asked to evaluate a present value damage calculation submitted by the plaintiff’s damages expert. Dr. Sharp pointed out that the plaintiff’s damages expert, among other things, included employee benefits when the plaintiff was in fact an independent contractor, used a mitigating income lower than the plaintiff’s actual post-accident income stream, and relied upon a relatively low real discount rate to calculate present value. As a consequence, the plaintiff’s expert had inflated the plaintiff’s actual economic losses by over 60%. Dr. Sharp submitted a report in June 2022, and settlement between the parties was reached in September 2022.