Miller v. Eichhorn

426 N.W.2d 641 (1988)

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Legal Analysis

Legal analysis from Dean's Law Dictionary will be displayed here.

Nature Of The Case

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

Facts

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.

Issues

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Holding & Decision

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