Miller v. Eichhorn
Iowa Court of Appeals
426 N.W.2d 641 (1988)
Connie Miller's (plaintiff) vehicle collided with a car driven by Harold Eichhorn (defendant) as he backed out of his driveway, and Miller and her husband sued for damages, including a loss-of-consortium claim. The jury found Miller 15 percent at fault and Eichhorn 85 percent at fault, awarding over $3,500 in damages; Miller appealed, arguing the damages were insufficient and that the trial court erred by instructing the jury on her alleged failure to mitigate damages, since she claimed that failure was not the same thing as 'fault.'
Whether, in a comparative fault jurisdiction that defines 'fault' to include a party's unreasonable failure to avoid an injury or to mitigate damages, the jury may examine the conduct of a plaintiff in apportioning damages.