Staton v. Hawkins

OPINION

VAIDIK, Judge.

Case Summary 1 -

Marilyn J. Staton appeals the jury verdict in favor of Frances N. Hawkins 2 Because we find that Staton failed to meet her burden of proving that Hawkins failed to mitigate her damages, we find that the trial court did not abuse its discretion in removing the issue of failure to mitigate damages from the jury. Additionally, because the medical expert testified that some medical professionals would disagree with his advice to Hawkins to continue with life as normal so long as she could tolerate the pain, we cannot say the trial court abused its discretion…