Humphrey v. TuckAnnotate this Case
The Supreme Court affirmed the judgment of the trial court awarding Plaintiff $40,000 in this personal injury action, holding that the trial court did not abuse its discretion in giving a failure to mitigate instruction.
Plaintiff brought this action alleging negligence and respondeat superior against Defendants claiming that a vehicle accident caused a preexisting tumor in his eye to swell in size. At the conclusion of the evidence, Defendants asked for a jury instruction on failure to mitigate damages. The trial court gave the requested instruction. The trial court awarded Plaintiff $40,000. On appeal, Plaintiff argued that the mitigation instruction was unsupported by the evidence. The Supreme Court disagreed, holding that the trial court did not abuse its discretion in giving a failure to mitigate instruction.