McDonnell v. Chally

DONIELSON, Chief Judge.

Julianne (Julie) MeDonell appeals from the trial court’s denial of her request for a new trial. She asserts the trial court erred in instructing the jury regarding her duty to mitigate damages. She also asserts the jury’s award of damages was inadequate. We have reviewed the parties’ arguments and applicable law and affirm the trial court’s rulings.

Julie suffered neck and back injuries after the car in which she was a passenger was rear-ended by a vehicle driven by defendant Teresa Chally. At trial the jury concluded the driver of the vehicle in which Julie was a…