Iowa Court of Appeals
426 N.W.2d 641 (1988)
A vehicle driven by Connie Miller (plaintiff) collided with a car driven by Harold Eichhorn (defendant) as he backed his car from his driveway into the street. Miller, along with her husband Keith, filed suit against Eichhorn to recover damages. Keith’s claim was for loss of consortium. After a trial, the jury found Connie to be 15 percent negligent and Eichhorn 85 percent negligent in causing the accident and awarded over $3,500 in damages. Connie appealed and argued not only that the damages awarded were insufficient but that the trial court erred by submitting a jury instruction on mitigation of damages, claiming her failure to mitigate damages is not the same thing as “fault.”
Rule of Law
Holding and Reasoning (Sackett, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 221,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.