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STATON v. HAWKINS

No. 48A05-0403-CV-189.

818 N.E.2d 79 (2004)

Marilyn STATON, Appellant-Defendant, v. Frances N. HAWKINS, Appellee-Plaintiff.

Court of Appeals of Indiana.

November 23, 2004.

Attorney(s) appearing for the Case

M. Michael Stephenson, Jennifer Suttles Messer, McNeely, Stephenson, Thopy & Harrold, Shelbyville, IN, for Appellant.

David W. Craig, Scott A. Faultless, Craig, Kelley & Faultless, Indianapolis, IN, for Appellee.

OPINION

VAIDIK, Judge.

Case Summary1

Marilyn J. Staton appeals the jury verdict in favor of Frances N. Hawkins.2 Because we find that Staton failed to meet her burden of proving that Hawkins failed to mitigate her damages, we find that the trial court did not abuse its discretion in removing the issue of failure to mitigate damages from the jury. Additionally, because the medical...

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