What is the test for establishing a loss of profits in a personal injury case?

California, United States of America


The following excerpt is from Page v. Bakersfield Uniform & Towel Supply Co., 239 Cal.App.2d 762, 49 Cal.Rptr. 46 (Cal. App. 1966):

'Evidence to establish profits must not be uncertain or speculative. This rule does not apply to uncertainty as to the amount of the profits which would have been derived, but to uncertainty or speculation as to whether the loss of profits was the result of the wrong and whether any such profits would have been derived at all. [Citing authority.]'

Allen v. Gardner, 126 Cal.App.2d 335, 340, 272 P.2d 99, 102, holds:

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