Snead v. Holloman
North Carolina Court of Appeals
101 N.C. App. 462, 400 S.E.2d 91 (1991)
- Written by Tammy Boggs, JD
Facts
James Snead (plaintiff) was injured in an automobile accident with Jimmy Holloman (defendant). Snead’s orthopedic surgeon, Dr. Tejpal Singh Dhillon, prescribed an exercise regimen designed to relieve Snead’s back spasm and alleviate the condition of his nerves. For unknown reasons, Snead stopped performing the exercise regimen after one month, despite the fact that Dhillon continued to prescribe the exercises. Snead sued Holloman for negligence. At trial, Holloman requested a jury instruction on a plaintiff’s duty to mitigate damages, but the trial court did not give one. The jury found in favor of Snead and awarded him damages. The court entered judgment accordingly. Holloman appealed, arguing that the trial court erred in failing to instruct the jury on the duty to mitigate damages.
Rule of Law
Issue
Holding and Reasoning (Wynn, J.)
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