Couture v. Novotny

Kelly, Justice.

This action was brought to recover for personal injuries resulting from a head-on collision. After the trial court instructed that defendant driver was negligent as a matter of law, the jury found no negligence on the part of plaintiff and assessed damages at $25,000. Defendants appeal from the denial of their motion for a new trial. We reverse.

Defendants raise two issues on appeal: First, whether the trial court erred in failing to give a requested instruction concerning plaintiff’s duty to mitigate damages through proper care and treatment of his injuries. Secondly, whether…