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SIMMONS v. ERIE INS. EXCHANGE

No. 32A04-0710-CV-552.

891 N.E.2d 1059 (2008)

Elwood SIMMONS and Lila Simmons, Appellants-Plaintiffs, v. ERIE INSURANCE EXCHANGE, Appellee-Defendant.

Court of Appeals of Indiana.

August 11, 2008.

Attorney(s) appearing for the Case

Michael E. Simmons, Hume Smith Geddes Green & Simmons, LLP, Indianapolis, IN, Attorney for Appellants.

Robert A. Smith, Peter G. Wenzl, Smith & Wade, LLP, Carmel, IN, Attorneys for Appellee.

OPINION

ROBB, Judge.

Case Summary and Issues

Elwood and Lila Simmons appeal following a judgment awarding them each $10,000 following an automobile accident. The Simmonses raise two issues, but we find dispositive the issue of whether the trial court abused its discretion by instructing the jury on the affirmative defense of failure to mitigate damages.1 Concluding...

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