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SMITH v. CITY OF MINER

No. 53643.

761 S.W.2d 259 (1988)

Travis SMITH, Plaintiff-Appellant, v. CITY OF MINER and Bill James, Defendant-Respondent.

Missouri Court of Appeals, Eastern District, Southern Division.

November 29, 1988.

Attorney(s) appearing for the Case

Lew Polivick, Sikeston, for plaintiff-appellant.

Charles Lieble, Sikeston, for defendant-respondent.

KAROHL, Judge.

The sole issue in this appeal is whether the trial court properly applied the rule of avoidable consequences as a limitation in awarding damages to plaintiff. Plaintiff-employee, Travis Smith, sued defendant, a fourth class city, for unpaid wages. Plaintiff contends he was entitled to wages for a period of thirty-four months, which includes all the period between May 1, 1984 and the date of trial in March...

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