Smith v. Watson

VANDE WALLE, Justice.

Glen Smith sued Dave Watson for damages sustained by Smith’s bees, honey, and associated equipment while they were being transported by Watson. The trial court determined that Watson was liable to Smith for damages in the amount of $43,-344 plus interest and costs less transportation costs in the amount of $1,600. The award excluded damages of $12,096 incurred by Smith which the trial court determined were attributable to his failure to mitigate and, therefore, were not recoverable from Watson. Taking into account a $34,850 pretrial payment by Watson to Smith the trial…