Madonna v. Tamarack Air, Ltd.

OPINION

FABE, Chief Justice.

I. INTRODUCTION

Tamarack Air, Ltd. negligently damaged James Madonna’s airplane while it was on Tamarack’s airfield after it had been in Tamarack’s shop for routine maintenance. Tamarack offered to fix the plane, but Madonna refused that offer. Instead, he elected to ship the plane to Wyoming and had the plane repaired at the original factory. Tamarack argued that Madonna had failed to mitigate his damages and refused to compensate Madonna for the full cost of these repairs. A jury awarded Madonna most, but not all, of the cost of having the plane repaired out of…