Hygeia Dairy Co. v. Gonzalez

The majority concludes that the trial court erred in failing to instruct the jury on mitigation. To be entitled to such an instruction, however, Hygeia was required to prove the amount by which Gonzalez’s damages were increased by his alleged failure to mitigate.1 See, e.g., Austin Hill *227Country Realty, Inc. v. Palisades Plaza, Inc., 948 S.W.2d 293, 299 (Tex.1997); Harris County v. Smoker, 934 S.W.2d 714, 721 (Tex.App.—Houston [1st Dist.] 1996, writ denied); Regency Advantage Ltd. Partnership v. Bingo Idea-Watauga, Inc., 928 S.W.2d 56, 62 (Tex.App.—Fort Worth 1995), aff’d in parí and rev’d in…