Banning v. Prester

Opinion by

Judge CASEBOLT.

1 1 In this automobile accident case, plaintiff, Michelle Banning, appeals the judgment awarding her damages following a jury verdict against defendant, William T. Prester. She contends the court erred in giving a jury instruction concerning mitigation of damages and in admitting certain evidence. Prester cross-appeals, contending that the trial court should have offset his recovery of costs against the judgment for Banning instead of entering two separate judgments. We reverse both judgments and remand for a new trial

I. Facts

T2 Prester negligently drove his vehicle,…