DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
192612P.pdf 07/15/2020 David Russell v. Edward Anderson
U.S. Court of Appeals Case No: 19-2612
U.S. District Court for the District of Nebraska - Lincoln
[PUBLISHED] [Benton, Author, with Colloton, Circuit Judge, and Williams,
District Judge]
Civil case - Torts. District court's comments during witness presentations
did not rise to the level of plain error; plaintiff's $7,000 verdict was
not against the weight of the evidence as the amount awarded bore a
reasonable relation to the damages proved; the district court erred in
dismissing plaintiff's loss-of-earnings capacity claim, but the error was
harmless in light of the jury's verdict on the remaining claims because no
reasonable jury could have found permanent impairment or or dimmunition of
plaintiff's earning capacity; the district court did not abuse its
discretion by excluding cross-examination of the sheriff as to the reasons
for not issuing defendant a ticket, as the questioning would have been
misleading and could have led to jury confusion; the evidence was, in any
event, cumulative as to other evidence regarding possible bias the sheriff
may have had in favor of defendant at the time of the accident.