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Washington v. American Community Stores Corp.

244 N.W.2d 286 (1976)

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Washington v. American Community Stores Corp.

Nebraska Supreme Court

244 N.W.2d 286 (1976)

Facts

The plaintiff sued the defendant for injuries sustained in a car accident. At the time of the injury, the plaintiff was 24 years old, in good health, and employed as a parole officer. The plaintiff was an extremely successful wrestler during his time in college and presented extensive evidence of his wrestling career and abilities. At the time of the accident, the plaintiff was training to be on the 1972 United States Olympic team. There was evidence that Olympic wrestlers could have successful careers as wrestling coaches after the Olympics. The plaintiff did not present any evidence of earnings he was deriving from the wrestling industry at the time of the accident. The trial court issued a directed verdict in favor of the plaintiff and awarded damages for the plaintiff’s lost earning capacity based, in part, on a career in professional wrestling. The defendant appealed, arguing that the plaintiff did not present specific evidence of his potential earning capacity and thus such damages were not proper.

Rule of Law

Issue

Holding and Reasoning (White, C.J.)

Dissent (Moran, J.)

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