Originally, the trial court had asserted that Ms. Fecke's ability to earn money in the future, or her future income, was affected. However, the Court of Appeal ruled that it was in fact his future earning capacity that was affected. This was an important distinction since Ms. Fecke was an unemployed student and in most cases future earnings are based on the profession the plaintiff was originally in and how that would affect his income in this area. This case sets a precedent for students without current employment, as any damages in this context will relate to loss of future earning capacity rather than loss of future employment.