Novko v. State of New York
Supreme Court of New York, Appellate Division
728 N.Y.S.2d 259 (2001)
Relevant factsFree
After a state trooper's vehicle struck Novko, a self-employed dairy farmer, causing spinal injuries, Novko changed his storage and baling systems, remodeled buildings, hired additional help, and shifted toward management to reduce physical strain; the trial court, having found the state fully liable, nonetheless denied earning-capacity damages and limited pain-and-suffering damages to about one year, reasoning Novko should have taken a less strenuous job like equipment sales.
IssueFree
Whether a plaintiff has a duty to mitigate his damages by taking reasonable efforts, after his injury, to minimize the damages as much as is practicable.