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McWILLIAMS v. WILHELM

No. 94-131.

893 P.2d 1147 (1995)

Keith McWILLIAMS, Appellant (Plaintiff), v. Mandy WILHELM By and Through her next of friend Phyllis WILHELM; Phyllis Wilhelm; and Wyoming Council of Girl Scouts, Appellees (Defendants).

Supreme Court of Wyoming.

April 18, 1995.

Attorney(s) appearing for the Case

H.W. Rasmussen of Badley & Rasmussen, Sheridan, for appellant.

John G. Fenn of Yonkee & Toner, Sheridan, for appellees.

Before GOLDEN, C.J., and THOMAS, MACY, TAYLOR and LEHMAN, JJ.

LEHMAN, Justice.

The issue before us in this case concerns the propriety of a jury instruction on the mitigation of damages in a tort action. We conclude there was sufficient evidence in the record to support giving the instruction and affirm.

Appellant Keith McWilliams presents one issue, phrased as a statement, for our review:

The trial court erred in presenting Jury Instruction No. 13 "Mitigation of Damages" because there was no evidence of how...

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