66.302 Tort Damages; Life Expectancy; Mortality Tables

66.302 Tort Damages; Life Expectancy; Mortality Tables (The following should be used only if a mortality table is introduced in evidence.) There is another way in which you may determine the life expectancy of the plaintiff. There has been introduced into evidence a copy of the ___________ mortality tables. If you desire to determine from this table the life expectancy of a person, look up that person's age in one column, and across from the age column, you will find the life expectancy of a person of that age. Life expectancy shown on any such table is merely a guide that you may follow while considering the evidence as a whole. Savannah, etc., Railway v. Stewart, 71 Ga. 427 (1883) Augusta Railway Co. v. Glover, 92 Ga. 132, 148 (1892); and other cases cited to note "mortality tables"; subnote "conclusive" following O.C.G.A. §51-12-4 (Note: If a more elaborate charge on mortality is desired, an adaptation of the charge in Florida, etc., R.R. Co. v. Burney, 98 Ga. 1 (1894) is recommended.) If you use the mortality tables, you should take the average annual loss of future income of the plaintiff and multiply it by the number of years of the plaintiff's life expectancy. The result will give you the probable gross loss of future earnings. You should then reduce the loss to its present cash value by using a rate of interest of 5 percent per annum as a reduction factor. Florida, etc., R.R. Co. v. Burney, 98 Ga. 1 (1894) O.C.G.A. §51-12-13 If you find the plaintiff's loss of future earnings is not permanent but will be reduced for some period of time into the future, you should then disregard the mortality table and award to the plaintiff damages for loss of future earnings for such temporary period as you may find. (Note: O.C.G.A. §§24-4-44 and 24-4-45 make the American Experience Mortality Tables, the Commissioners 1958 Standard Ordinary Mortality Tables, and Annuity Mortality Table for 1949, Ultimate, admissible in evidence. The older Northampton, Carlisle, and Actuaries' Mortality Tables have been recognized at least since their publication in 70 Ga. 843. Apparently any "standard" or generally accepted mortality or annuity table, when shown by evidence to be such, may be introduced in evidence.) Atlanta, etc., R.R. v. Johnson, 66 Ga. 259(4) (1881) Ga. Gas v. Fowler, 77 Ga. App. 675 (1948)