Patrick Humphrey v. Brian Tuck, US Xpress, Inc.

Summary

The Indiana Supreme Court held that a trial court may instruct the jury on failure to mitigate damages when the record contains only a scintilla of evidence supporting each element of that defense. Evidence that Humphrey failed to obtain prescribed eyeglasses, delayed or discontinued prescribed medication, and later improved with alternative treatment was sufficient to support the instruction. The court therefore granted transfer and affirmed the judgment. No separate opinions were filed.