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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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
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!
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