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Hanke v. California Auto Dealer's Exchange6/28/2004
ease in gas prices and decisions regarding depreciation of assets for tax purposes, may not be considered in evaluating the reasonableness of the inference that the business's profits were derived primarily from Hanke's efforts. Hanke and his expert were questioned regarding the impact of these variables on the business profits, and Bay Cities was permitted to argue to the jury that these factors, not Hanke's inability to tend to his business, caused the decrease in profits after the accident. The jury apparently rejected this argument.
Disposition
The judgment is affirmed. Hanke is to recover his costs on appeal.
We concur:
McGuiness, P. J.
Parrilli, J.
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