Smith v. City of Miner

KAROHL, Judge.

The sole issue in this appeal is whether the trial court properly applied the rule of *260avoidable consequences as a limitation in awarding damages to plaintiff. Plaintiff-employee, Travis Smith, sued defendant, a fourth class city, for unpaid wages. Plaintiff contends he was entitled to wages for a period of thirty-four months, which includes all the period between May 1, 1984 and the date of trial in March, 1987. The trial court found that plaintiff was an appointed officer; was never lawfully discharged; and, was entitled to recover unpaid wages. However, the court also…