Background: Brandi Colleen Sparks was injured in a car accident in July 2017. Lauren Ginny Rae Keller admitted fault for the accident. The trial assessed various damages, with Keller appealing the $450,000 award for loss of future earning capacity.

Legal Arguments/Issues:

1. Potential for Improvement: Keller argued that the trial judge failed to consider the possibility of improvement in Sparks' psychological health following treatment for Somatic Symptom Disorder (SSD). The Court of Appeal found no error, as the trial judge's conclusion was supported by expert testimony.

2. Base Number for Wage Loss: Keller contended the trial judge used the wrong base number for assessing future wage loss, arguing it should have been Sparks' Safeway salary of $23,350, not the combined 2016 earnings of $28,455. The Court of Appeal upheld the trial judge's use of the capital asset approach, which justified the base salary.

3. Accounting for Contingencies: Keller claimed the judge failed to properly account for negative contingencies and double-counted positive ones. The Court of Appeal found the trial judge's minimal contingency discount and award to be appropriate, reflecting Sparks' strong work ethic and likelihood of continued employment.

Conclusion: The appeal was dismissed, and the trial judge's decision was affirmed as fair and reasonable based on the evidence presented.

Award: The Court of Appeal dismissed the appeal, upholding the $450,000 award for loss of future earning capacity in favor of Brandi Colleen Sparks.