Washington v. American Community Stores Corp.

244 N.W.2d 286 (1976)

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Nature of the Case

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Facts

An accident occurred, and P was injured. There was no dispute concerning the extent of P’s injuries nor the fact that the injury disabled P from pursuing the wrestling sport. At the time of the accident, P was 24 years old with a life expectancy of 49.9 more years. P had attended the University of Nebraska and had an outstanding record as an intercollegiate wrestler. His record was an impressive 103-4. Expert testimony indicated that P was a prime candidate for the 1972 Olympic team and had the qualifications to win a medal at the games. There was evidence that those who win a medal have a much better chance to secure employment in the coaching or professional wrestling fields. At the time of the accident, P had intended to make the team and was in training. P offered no evidence of his earnings at the time of the trial that were derived from his wrestling skills, but P was employed as a parole officer since he graduated from college in 1971. There was evidence offered and rejected at trial that supports a finding that as a coach he would have received earnings between $16,000 and $20,000 per year. P got the verdict of $76,000 and D appealed. D contends that the court should not have allowed P’s loss of earning capacity to go before the jury.