Klanseck v. Anderson Sales & Service, Inc.

Stephen Klanseck (plaintiff) bought a Honda motorcycle from Anderson Sales & Service, Inc. (Anderson) (defendant) that began to "fishtail" while he was riding it, causing him to fall and sustain injuries, including a later-discovered fractured wrist; Klanseck sued, alleging chronic pain and numbness that interfered with his auto-mechanic work and eventually caused a serious mental disorder. At trial, over Klanseck's objection that no evidence supported it, the court instructed the jury on his duty to mitigate damages, based on testimony that a neurologist had recommended diagnostic testing (including an electromyelographic examination) about a year earlier to investigate a possible herniated disk causing his numbness, which Klanseck declined to undergo; the jury found Klanseck 60 percent negligent and Anderson 40 percent negligent, reducing damages accordingly, and Klanseck appealed the mitigation instruction.