Where a plaintiff directs earnings through a partnership with a spouse, loss of earning capacity may be calculated by aggregating the after-tax income of both partners rather than by treating the plaintiff as a sole earner under the Spargo approach. The Spargo approach is not a universal rule; the facts of the particular case are determinative. Living expenses deducted during the 'lost years' are not confined to business-related expenses but extend to the cost of maintaining the plaintiff alive to exploit earning capacity.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.