Briggs v. Consolidated Freightways

In Briggs v. Consolidated Freightways, 234 Neb. 410, 451 N.W.2d 278 (1990), the court stated the rule that the plaintiff has the burden to prove his or her claimed disability and found in that case that the plaintiff had not presented any evidence that he was unable to obtain any employment and that thus, he had failed to meet his burden. However, in Briggs, the plaintiff was found to have reached MMI, and there was evidence of the amount of his permanent disability. In addition, the defendant introduced videotapes showing the plaintiff engaging in activities which contradicted his claimed inability to work.