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.
Was jury instruction erroneous because no evidence was presented that would create an issue of Pl.’s failure to mitigate damages?
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.
No, trial courts instruction on failure to mitigate damages was proper.
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