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HUMPHREY v. TUCK

Supreme Court Case No. 20S-CT-548.

151 N.E.3d 1203 (2020)

Patrick HUMPHREY, Appellant, v. Brian TUCK, US Xpress, Inc., Appellees.

Supreme Court of Indiana.

Filed: September 8, 2020.

Attorney(s) appearing for the Case

ATTORNEY FOR APPELLANT: Michael W. Phelps , Phelps Legal Group, Bloomington, Indiana

ATTORNEYS FOR APPELLEES: Michael B. Langford , R. Jay Taylor, Jr. , Scopelitis, Garvin, Light, Hanson & Feary, P.C., Indianapolis, Indiana

On Petition to Transfer from the Indiana Court of Appeals, Case No. 19A-CT-721

The amount of evidence necessary for a court to instruct a jury on a mitigation-of-damages defense is minimal, requiring only a "scintilla". This stands in contrast to the preponderance-of-the-evidence standard required to prevail on the...

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