Herrera v. Madrak

*321 Opinion

ZARELLA, J.

The plaintiff, Linda Herrera, appeals from the judgment rendered after a jury trial awarding her $5000 in damages. On appeal, the plaintiff claims that the trial court improperly (1) instructed the jury on mitigation of damages when the evidence did not warrant such a charge, (2) failed to instruct the jury on the burden of proof with respect to mitigation of damages and (3) abused its discretion in denying the plaintiffs motion to set aside the verdict and for addi-tur.1 We reverse in part the judgment of the trial court and remand the case for a new trial on the issue of…