ability to become an architect was properly submitted to the jury.
Dr. Leshner testified that because Richard's diplopia, or double vision, prevents him from continuing his college education, Richard is limited to the average earning potential of a person without a college education. Defendants brand this testimony as "clearly error", claiming that Doctors Balistocky and Schatz, the ophthalmologists called by plaintiffs, admitted that there was no reason why Richard couldn't read for a normal length of time by putting a patch over one eye. However, an examination of the record reveals that this is only part of their testimony. Dr. Balistocky explained that although some people are able to use a patch, others are not, since "individuals differ in their ability to cope with the situation." (N.T. 6-15). When asked on cross-examination if Richard would be able to read for a nominal period of time with one eye covered (occluded), Dr. Schatz replied: "Yes, I would think that at least -- you know, there are some difficulties in that, how patients tolerate occluders: but at least he should not have the symptoms of double vision when reading." (N.T. 6-52).
The statements of the two ophthalmologists indicate that it was not error to allow Dr. Leshner to testify that Richard's earning capacity was limited to that of non-college graduates. As hereinbefore mentioned, when an expert, such as Dr. Leshner, evinces an opinion that is based on facts or testimony in the record, it is the jury's function to determine what weight, if any, should be given to his testimony. Here there was sufficient evidence for the jury to conclude that Richard could not continue his college studies.
For all of the above reasons, the Court concludes that defendants' contentions in support of their motions lack sufficient merit for the Court to order a new trial or grant a judgment notwithstanding the verdict.