This section contains the nature of the case and procedural background.

P suffered personal injuries when she tripped and fell over a raised portion of the sidewalk in front of the commercial premises owned by D. P sued for personal injury, and the other parties were dismissed, and the case went to trial solely against D. A jury found both parties negligent, attributing thirty percent fault to P and awarded P $50,000 for her injuries. The court molded the jury verdict and entered judgment in favor of P for $35,000 plus prejudgment interest. The trial court denied Ps motion for a new trial on damages only. On appeal, P claims that the trial court erred by instructing the jury with respect to her duty to mitigate damages by undergoing surgical treatment and that the jury's damages verdict was against the weight of the credible evidence.

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