Fox v. Evans

¶1 An injured person may not recover damages proximately caused by that person’s unreasonable failure to mitigate. Sutton v. Shufelberger, 31 Wn. App. 579, 582, 643 P.2d 920 (1982). We affirm the trial court’s decision to instruct the jury on mitigation because there was evidence presented from which the jury could conclude that the plaintiff’s treatment decisions were unreasonable. There was expert testimony that the plaintiff would not accept a diagnosis of depression and that if she treated her depression, her condition would improve. Additionally, there was evidence presented that the…