Issue: Ms. Aquino appealed a jury’s decision not to award damages for loss of future earning capacity after a motor vehicle accident.

Key Facts:

• In 2019, a loose tire from an unidentified truck struck Ms. Aquino’s vehicle.
• She claimed chronic pain limited her ability to work full-time as a nurse. ICBC argued her injuries were minor.
• The jury awarded:
  • $86,000 for non-pecuniary damages
  • $1,200 for past loss of earning capacity
  • $9,200 for future care costs
  • $26,400 in special damages
  • No damages for loss of future earning capacity.

Grounds for Appeal:

1. Jury Unanimity Instruction: The judge instructed the jury to be unanimous but did not inform them of the option to return a verdict with a 75% majority after three hours. Court’s Decision: No error; the judge had discretion, and no party requested the instruction.
2. Loss of Future Earning Capacity Instruction: The judge’s instruction focused only on whether Ms. Aquino could work full-time vs. part-time in nursing, excluding broader career limitations. Court’s Decision: The instruction was too narrow but did not lead to a miscarriage of justice, as evidence showed she had ample nursing job opportunities.

Outcome: Appeal dismissed. The jury reasonably found no financial loss due to her injuries.