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Washington v. American Community Stores Corp.

Nebraska Supreme Court

244 N.W.2d 286 (1976)

Relevant factsFree

The plaintiff, a 24-year-old parole officer and successful college wrestler training for the 1972 Olympic team, was injured in a car accident caused by the defendant; the trial court awarded damages for lost earning capacity based partly on the plaintiff's potential post-Olympic career as a wrestling coach, even though he presented no evidence he was actually earning income from wrestling at the time of the accident. The defendant appealed, arguing such damages required specific proof of the plaintiff's potential earnings in that field.

IssueFree

Whether damages for lost earning capacity are general damages that need not be specifically pleaded and proved.

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