Olson v. Sumpter

HECHT, Justice.

The district court concluded the jury was improperly instructed on the subject of Olson’s alleged unreasonable failure to mitigate her damages in this personal injury case and granted Olson’s motion for a new trial. Because Olson failed, before closing arguments, to object to the mitigation instruction, a new trial should not have been granted on that ground. We therefore reverse the grant of a new trial.

I. Background Facts and Proceedings.

Robin Olson and Scott Sumpter were neighbors in Hamburg, Iowa. Olson backed her car out of her driveway onto the adjacent street. Within…