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Snyder v. Case6/2/2000
1. Judgments: Statutes: Appeal and Error. In connection with questions of law and statutory interpretation, an appellate court has an obligation to reach an independent conclusion irrespective of the decision made by the court below.
2. Rules of Evidence. In proceedings where the Nebraska Evidence Rules apply, the admissibility of evidence is controlled by the Nebraska Evidence Rules; judicial discretion is a factor only when the rules make such discretion a factor in determining admissibility.
3. Trial: Evidence: Appeal and Error. Because the exercise of judicial discretion is implicit in determinations of relevancy and admissibility under Neb. Rev. Stat. ยงยง 27-401 and 27-403 (Reissue 1995), the trial court's decision will not be reversed absent an abuse of discretion.
4. Expert Witnesses: Appeal and Error. An appellate court's review of the trial court's admission or exclusion of expert testimony which is otherwise relevant will be for an abuse of discretion.
5. Motions for New Trial: Appeal and Error. A motion for new trial is addressed to the discretion of the trial court, whose decision will be upheld in the absence of an abuse of that discretion.
6. Limitations of Actions. Generally, a cause of action accrues and the period of limitations begins to run upon the violation of a legal right, that is, when the aggrieved party has the right to institute and maintain suit.
7. Actions: Contracts: Time. A cause of action in contract accrues at the time of the breach or failure to do the thing agreed to.
8. Actions: Insurance: Motor Vehicles: Breach of Contract. An insured's cause of action on an insurance policy to recover underinsured motorist benefits accrues at the time of the insurer's breach or failure to do that which is required under the terms of the policy.
9. Limitations of Actions. The point at which the statute of limitations commences to run must be determined from the facts of each case.
10. Expert Witnesses. Admissibility of expert testimony is based on four factors: (1) whether the witness is qualified as an expert; (2) whether the testimony is relevant; (3) whether the testimony will assist the trier of fact; and (4) whether the probative value of the testimony, even if relevant, is outweighed by the danger of unfair prejudice or other considerations.
11. Damages: Evidence: Proof. Damages for permanent impairment of future earning capacity may not be based on speculation, probability, or uncertainty, but must be shown by competent evidence that such damages are reasonably certain as the proximate result of the pleaded injury.
12. ___: ___: ___. Where the evidence first shows that there has been an impairment, loss, or diminution of future earning capacity, the process to ascertain compensatory damages for such loss requires (1) the determination of the extent to which such capacity has been diminished, (2) the determination of the permanency of the decrease in earning capacity, and (3) the fixing of the amount of money which will compensate for the determined extent and length of the impairment, including a reduction of the award to its present worth.
Appeal from the District Court for Scotts Bluff County: Randall L. Lippstreu, Judge. Affirmed.
Hendry, C.J., Wright, Connolly, Gerrard, Stephan, McCormack, and Miller-Lerman, JJ.
EMCASCO Insurance Co. (EMC) appeals from a judgment in favor of Carol L. Snyder for underinsured motorist benefits under an insurance policy issued by EMC. The district court for Scotts Bluff County, Nebraska, concluded that Snyder's claim was not barred by the statute of limitations
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