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Articles Posted in Failure to Mitigate

Indiana Supreme Court Upholds Jury Verdict in Truck Crash Case Finding Some Evidence to Support Trial Court’s Failure to Mitigate Instruction
Barsumian Armiger

We previously wrote about an Indiana Court of Appeals case in which the court reversed a trial court’s judgment on a jury verdict of $40,000 for a plaintiff in a truck accident case and remanded the case for a new trial based upon the trial court’s giving of a failure to mitigate jury instruction. In…

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New Trial on Damages Required When Failure to Mitigate Instruction Given in Truck Accident Case Without Evidence of Causation Between Failure and Damages Sustained by Plaintiff
Barsumian Armiger

The Indiana Court of Appeals recently found a trial court erred when it instructed a jury on the plaintiff’s alleged failure to mitigate damages in an Indiana truck accident case. In Humphrey v. Tuck, the plaintiff filed a lawsuit against a truck driver and a trucking company arising from a trucking collision in which the…

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