Tuesday, October 25, 2011

Miller v. Eichhorn case brief

Miller v. Eichhorn

-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.

Is the failure to mitigate damages fault?

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

Course: Tort Law

Subjects: Mitigation of Damages, Fault

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