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

D backed his car from his driveway into the street and hit P’s car. P sued D. The case was tried to a jury which found P's damages to be $3,569.70. The jury found no damages for Keith, her husband. The jury determined P's fault to be fifteen percent and D's fault to be eighty-five percent. P claims the verdict is inadequate because her medical expenses nearly totaled the verdict and her medical evidence was uncontroverted. P appealed. P objected to the mitigation of damage instruction claiming the failure to mitigate damages is not fault.

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