Lobermeier v. General Telephone Company of Wisconsin

Bruce Lobermeier (plaintiff) ruptured his eardrum from a lightning-induced electrical charge while on the phone; an unsuccessful surgery left him with serious ongoing problems. He sued General Telephone Company of Wisconsin (GTC) (defendant) for negligently grounding its telephone system, and at trial GTC sought to introduce evidence that a second surgery would likely improve Lobermeier's condition and that his continued refusal to undergo it would cause further harm. The trial court excluded this evidence entirely, ruling as a matter of law that Lobermeier had no obligation to undergo surgery to mitigate his damages, and GTC appealed.