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Miller v. Eichhorn

Iowa Court of Appeals
426 N.W.2d 641 (1988)


Facts

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

Issue

Holding and Reasoning (Sackett, J.)

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