Legal Opinion
Simmons v. Erie Insurance Exchange
Indiana Court of Appeals
Decided August 11, 2008No. 32A04-0710-CV-552PublishedCited by 9 opinions
1Opinion of the Court
OPINION
ROBB, Judge.
Case Summary and Issues
Elwood and Lila Simmons appeal following a judgment awarding them each $10,000 following an automobile accident. The Simmonses raise two issues, but we find dispositive the issue of whether the trial court abused its discretion by instructing the jury on the affirmative defense of failure to mitigate damages. 1 Concluding that insufficient evidence exists to support this instruction, we reverse and remand for a new trial.
Facts and Procedural History
On April 28, 2001, Elwood was involved in an automobile accident with a second vehicle driven by Billie…
2Cases cited70 opinions
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3Cited by9 opinions
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