Legal Opinion

McWilliams v. Wilhelm Ex Rel. Wilhelm

Wyoming Supreme Court

Decided April 18, 1995No. 94-131PublishedCited by 7 opinions

1Opinion of the Court

LEHMAN, Justice.

The issue before us in this case concerns the propriety of a jury instruction on the mitigation of damages in a tort action. We conclude there was sufficient evidence in the record to support giving the instruction and affirm.

Appellant Keith McWilliams presents one issue, phrased as a statement, for our review:

The trial court erred in presenting Jury Instruction No. 13 “Mitigation of Damages” because there was no evidence of how or the amount Plaintiff-Appellant should have mitigated his damages.

Mandy Wilhelm, Phyllis Wilhelm and the Wyoming Council of Girl Scouts (hereinafter…

2Cases cited7 opinions

  1. Turman v. Central Billing Bureau, Inc.Oregon Supreme Court · 1977
  2. Douglas Reservoirs Water Users Ass'n v. CrossWyoming Supreme Court · 1977
  3. Bigley v. CravenWyoming Supreme Court · 1989
  4. Wyoming Wool Marketing Ass'n v. WoodruffWyoming Supreme Court · 1962
  5. Asbell Bros., Inc. v. Nash-Davis MacHinery CompanyWyoming Supreme Court · 1963

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Farmer v. StateWyoming Supreme Court · 2005
  2. Daley v. WenzelWyoming Supreme Court · 2001
  3. Stocki v. NunnWyoming Supreme Court · 2015
  4. Vasquez v. Wal-Mart Stores, Inc.Wyoming Supreme Court · 1996
  5. Beckwith v. WeberWyoming Supreme Court · 2012

2 more not listed; retrieve them via the Exa API.

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