Tuesday, October 25, 2011

Miller v. Eichhorn case brief

Miller v. Eichhorn

FACTS
-D backed his car from driveway into the street, collided with a car driven by the P. 
-P challenges the trail court’s submission of an instruction of mitigation of damages: P objected to the instruction claiming the failure to mitigate damage is not fault.

ISSUE
Is the failure to mitigate damages fault?


HOLDING
Yes, The failure to mitigate damages is fault.
 
RULES
Fault: includes unreasonable failure to avoid an injury or to mitigate damages.
 
APPLICATION
Connie’s duty is to use ordinary care in consulting a physician.

Course: Tort Law

Subjects: Mitigation of Damages, Fault

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