Nebraska Supreme Court Upholds $34,000 Jury Verdict for Chef Left With Permanent Back Impairment After Bellevue Cab Crash

On an ordinary afternoon in Bellevue, Nebraska, Terry W. Pitt was driving east on Chandler Road when he began a left turn near 22nd Street. A Checker Cab Company taxi was following close behind. When the cab driver moved to pass, the two vehicles collided. The impact left Pitt with a back injury that would not fully resolve.

Pitt worked as a chef. After the crash he was unable to return to work for two weeks. Even after he went back, back pain interfered with the physical demands of the job. He had difficulty sleeping, was restricted in day-to-day activities, and over time his physicians documented a permanent impairment rated at 20 to 25 percent of the body as a whole.

Richard J. Rensch took the case to trial in Sarpy County District Court. The jury returned a verdict for Pitt. Checker Cab moved for reversal, arguing that the trial judge had treated plaintiff's counsel improperly and had misstated evidence, and that those errors produced an excessive award. The company pointed out that the verdict came to roughly 143 times Pitt's medical bills, a ratio it characterized as plainly unreasonable.

The Nebraska Supreme Court examined the trial record and rejected each of the cab company's arguments. The court found no reversible error in the judge's conduct of the trial and no basis to disturb the jury's assessment of damages. On June 8, 1984, the court affirmed the full $34,000 judgment. The award was not reduced or remitted.

The opinion is reported at 217 Neb. 600, 350 N.W.2d 507 (1984).