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SCOTT v. PEPSI COLA CO.

No. S-95-399.

541 N.W.2d 49 (1995)

249 Neb. 60

Todd SCOTT, Appellee, v. PEPSI COLA COMPANY and Lumbermens Mutual Company, Appellants.

Supreme Court of Nebraska.

December 29, 1995.

Attorney(s) appearing for the Case

Walter E. Zink, II and Thomas B. Wood, of Baylor, Evnen, Curtiss, Grimit & Witt, Lincoln, for appellants.

Steven H. Howard, of Law Offices of Ronald J. Palagi, P.C., Omaha, for appellee.

CAPORALE, FAHRNBRUCH, LANPHIER, WRIGHT, CONNOLLY, and GERRARD, JJ.

WRIGHT, Justice.

Pepsi Cola Company and Lumbermens Mutual Company appeal from an award entered by the Workers' Compensation Court in favor of Todd Scott. The trial court was not persuaded that lack of notice was a defense in the case, and the court opined that Pepsi and Lumbermens were not prejudiced by the delay in the reporting of the injury. The review panel found that Scott had given proper notice under Neb.Rev.Stat. § 48-133 (Reissue 1993). Pepsi and Lumbermens...

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