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FOX v. EVANS

No. 53529-3-I.

111 P.3d 267 (2005)

Jody FOX, a single person, individually, Respondent, v. Benton A. EVANS and Jane Doe Evans, husband and wife; and Unknown John Does, Appellants.

Court of Appeals of Washington, Division 1.

Publication Ordered May 2, 2005.

Attorney(s) appearing for the Case

Ralph J. Brindley, Luvera Barnett Brindley Beninger, Seattle, WA, for Appellants.

Hal Thurston, Zender Thurston, Bellingham, WA, for Respondent.

COLEMAN, J.

¶ 1 An injured person may not recover damages proximately caused by that person's unreasonable failure to mitigate. Sutton v. Shufelberger, 31 Wn.App. 579, 582, 643 P.2d 920 (1982). We affirm the trial court's decision to instruct the jury on mitigation because there was evidence presented from which the jury could conclude that the plaintiff's treatment decisions were...

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