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This section contains the nature of the case and procedural background.

P was injured in a rear-end collision. He was employed in a family-owned business in which he had 15% of the stock. P did not work but continued to get his $2,800 per week salary. P testified that his brother who owned 70% of the stock wanted to be reimbursed for these payments, but P had not promised to do so. D admitted liability and contested causation and damages. P alleged brain injuries. At the start of the trial, D moved in limine to exclude all evidence regarding P's lost wages. The trial judge agreed and instructed the jury not to award damages for lost earnings. P got the verdict but no lost wages. P appealed.

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