Brief Fact Summary. This is a slip and fall case where plaintiff appealed a Scotts Bluff County District Court (Nebraska) decision awarding plaintiff damages in the amount of $3,600. The jury found defendant to be 60 percent negligent and plaintiff 40 percent negligent and awarded damages in the amount of $ 6,000.
Synopsis of Rule of Law. “An award of damages may be set aside as excessive or inadequate when, and not unless, it is so excessive or inadequate as to be the result of passion, prejudice, mistake, or some other means not apparent in the record. If an award of damages shocks the conscience, it necessarily follows that the award was the result of passion, prejudice, mistake, or some other means not apparent in the record.”
An issue as to the existence or occurrence of a particular fact, condition, or event may be proved by evidence as to the existence or occurrence of similar facts, conditions, or events under the same or substantially similar circumstances.View Full Point of Law
Issue. At issue is whether the damages awarded were excessive due to mistake by jury.
Held. A jury is entitled to determine what portion of a claimed injury was proximately caused by the incident and what portion of the medical bills was reasonably required. Thus, the lower court’s ruling was affirmed.
Discussion. The computation of damages rests on the plaintiff’s meeting the burden of proof with respect to proximate cause and proportionality. Further, as the trier of fact a jury may reach multiple conclusions with respect to damages, including lost wages or earning capacity, medical and related expenses, and pain and suffering.