Kerby v. Abilene Christian College

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that doctrine of mitigation of damages is “typically applied to a post-occurrence action, such as when a plaintiff fails to follow his doctor’s treatment instructions”
• stating that contributory negligence requires a causal connection with the incident causing injury that but for the conduct the accident would not have happened
• driving with the van door open, thereby contributing to nature and extent of injuries, does not permit reduction of his damages
• distinguishing harm for which recovery of damages is sought, such as personal injury or death, from the underlying occurrence, such as a car accident
• noting “conceptual difficulty of applying the mitigation[-]of[-]damages concept to Plaintiffs conduct antedating the negligence of the Defendant”
• noting “conceptual difficulty of applying the mitigation[-]of[-]damages concept to Plaintiffs conduct antedating the negligence of the Defendant”

Source: CourtListener parenthetical corpus (CC0).