OLSON v. SUMPTER

No. 05-0161.

728 N.W.2d 844 (2007)

Robin OLSON, Appellee, v. Scott SUMPTER, Appellant.

Supreme Court of Iowa.

March 16, 2007.


Attorney(s) appearing for the Case

Joseph D. Thornton of Smith Peterson Law Firm, Council Bluffs, for appellant.

Jon H. Johnson of Johnson Law, P.L.C., Sidney, for appellee.


HECHT, Justice.

The district court concluded the jury was improperly instructed on the subject of Olson's alleged unreasonable failure to mitigate her damages in this personal injury case and granted Olson's motion for a new trial. Because Olson failed, before closing arguments, to object to the mitigation instruction, a new trial should not have been granted on that ground. We therefore reverse the grant of a new trial.

I. Background Facts and Proceedings...

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