Kocher v. Getz

DICKSON, Justice.

In this automobile-van collision personal injury case, the trial court refused instructions the defendant submitted on comparative fault, which would have permitted a jury to consider mitigation of damages for purposes of fault allocation. The jury found for the plaintiff,. In a divided opinion, the Court of Appeals reversed. 1 We granted transfer, 2 and now affirm the trial court. 3

I

The principal issue presented by this appeal is whether the defense of mitigation of damages under the Indiana Comparative Fault Act 4 (the "Act") is considered as comparative fault in…