Klanseck v. Anderson Sales & Service, Inc.
FACTS
Pl. bought a motorcycle, headed home, began to fishtail, went down after application of break, resulting in injuries. Later pl was x-rayed, received sutures, released. Twelve days later, fracture of risk diagnosed and treated. Pl. claimed injuries resulted in chronic pain/numbness which interfered with work and caused mental disorder.
ISSUE
Was jury instruction erroneous because no evidence was presented that would create an issue of Pl.’s failure to mitigate damages?
RULES
It is well settled that an injured party has a duty to exercise reasonable care to minimize damages, including obtaining proper medical or surgical treatment.
HOLDING
No, trial courts instruction on failure to mitigate damages was proper.
Support us by:
Checking out our amazing store on Etsy: http://www.bohobuttons.com
While in law school I traveled the world. Puerto Rico. Egypt. Israel. The Netherlands. All over the United States. Costa Rica. Panama... How, you ask? I found ways to make money on the side. One of those ways was hosting my apartment on AirBnB. If you have an extra room, this is a perfect way to make some extra cash.
Since law school, I have traveled to dozens of countries for pleasure with my family. It's not rocket science. You just need to know how to start some side hustles. Another one of my favorite ways to make money is buying and selling stocks and cryptocurrency on Robinhood. Join now and get a free stock through this link: Join Robinhood and Get a Free Stock!
FACTS
Pl. bought a motorcycle, headed home, began to fishtail, went down after application of break, resulting in injuries. Later pl was x-rayed, received sutures, released. Twelve days later, fracture of risk diagnosed and treated. Pl. claimed injuries resulted in chronic pain/numbness which interfered with work and caused mental disorder.
ISSUE
Was jury instruction erroneous because no evidence was presented that would create an issue of Pl.’s failure to mitigate damages?
RULES
It is well settled that an injured party has a duty to exercise reasonable care to minimize damages, including obtaining proper medical or surgical treatment.
HOLDING
No, trial courts instruction on failure to mitigate damages was proper.
Support us by:
Checking out our amazing store on Etsy: http://www.bohobuttons.com
While in law school I traveled the world. Puerto Rico. Egypt. Israel. The Netherlands. All over the United States. Costa Rica. Panama... How, you ask? I found ways to make money on the side. One of those ways was hosting my apartment on AirBnB. If you have an extra room, this is a perfect way to make some extra cash.
Since law school, I have traveled to dozens of countries for pleasure with my family. It's not rocket science. You just need to know how to start some side hustles. Another one of my favorite ways to make money is buying and selling stocks and cryptocurrency on Robinhood. Join now and get a free stock through this link: Join Robinhood and Get a Free Stock!
No comments:
Post a Comment