Argenta v. Shahan

This case arises out of an automobile accident. Defendant admitted negligence * 1 and plaintiff brought suit, claiming that he suffered back injuries which were a serious impairment of a body function. The jury returned a verdict in plaintiff’s favor in the amount of $340,500. The trial court partially granted defendant’s motion for remittitur, reducing the award to $165,500. Both plaintiff and defendant appeal.

On appeal, defendant first argues that the trial court improperly instructed the jury. The trial court denied defendant’s request to give the standard jury instruction on mitigation of…