## Facts

- Melvin J. Washington, age 24, was injured in an April 11, 1972 motor-vehicle collision involving a vehicle owned by American Community Stores Corp.
- Washington was employed by the State of Nebraska as an adult parole officer.
- Two days after the collision, he began continuous treatment with an orthopedic surgeon through trial.
- Undisputed medical evidence showed injury to Washington’s back and posterior rib cage, with ongoing pain and muscle disability on either side of the spine, aggravated by lifting or bending.
- The orthopedist testified the injuries were permanent and prevented Washington from competing and participating in wrestling; the disability was causally related to the collision.
- Washington had an exceptional collegiate wrestling record and was training for the 1972 U.S. Olympic wrestling team at the time of the collision.
- Evidence indicated Olympic-level wrestling success could materially improve future opportunities in coaching or professional wrestling.
- Washington presented no evidence of existing earnings from wrestling; some evidence (partly excluded) addressed prospective coaching earnings.
- The trial court directed a verdict for Washington on liability; the defendant did not challenge liability on appeal.
- The jury awarded Washington $76,000 in damages.

## Issues

1. Whether the evidence was sufficient to submit damages for loss of earning capacity to the jury where the claimed earning path (elite wrestling-related opportunities) had not yet produced income.
2. Whether the $76,000 verdict was excessive under the evidence of permanent injury, pain, and impairment of earning capacity.
3. Whether the damages instructions, particularly on future earning capacity, misstated the law or permitted speculation.

## Decision

- The Nebraska Supreme Court affirmed the judgment for Washington.
- The court held the evidence supported submitting loss of earning capacity to the jury despite the absence of prior wrestling-related earnings.
- The court held the verdict was not excessive in light of permanent injury, continuing pain, and long-term impairment.
- The court found no prejudicial error in the jury instructions when considered as a whole.

## Legal Principles

- Loss of earning capacity is distinct from past lost wages and compensates for a diminished ability to earn money in the future, particularly where permanent injury is shown.
- A plaintiff need not prove existing earnings in the specific foreclosed pursuit; demonstrable ability and realistic opportunity, coupled with causation and permanency, can support an award.
- Damages need not be proved with mathematical certainty; it is sufficient that the fact of damage is supported by competent evidence and the amount is subject to reasonable inference.
- Challenges that evidence is “speculative” may go to weight for the jury where the record provides a concrete basis to infer impairment.
- A personal-injury award will not be set aside as excessive absent an indication it resulted from passion, prejudice, or disregard of the evidence.

## Conclusion

The court upheld a $76,000 personal-injury verdict, ruling that permanent injury ending a plaintiff’s realistic athletic-related prospects could support a jury award for loss of earning capacity even without prior earnings in that field, so long as the impairment and its consequences are reasonably inferable from the evidence.


Washington v. Am. Cmty. Stores Corp., 196 Neb. 624, 244 N.W.2d 286 (Neb. 1976)