Moulton v. Alamo Ambulance Service, Inc.

How courts have described this case

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

• recognizing in negligence suit that plaintiff’s recovery excludes damages caused by plaintiff’s failure to mitigate
• holding exclusionary instruction on mitigation rather than contributory negligence question proper based on plaintiff’s failure to follow medical advice that merely aggravated damages received in auto accident
• explaining that “damages resulting from [a failure to treat injuries as a reasonably prudent person would] are ultimately not proximately caused by the wrongdoer’s acts or omissions”
• holding exclusionary instruction on mitigation rather than contributory negligence question proper based on plaintiff’s failure to follow medical advice that merely aggravated damages received in auto accident
• holding exclusionary instruction on mitigation rather than contributory negligence question proper based on plaintiff = s failure to follow medical advice that merely aggravated damages received in auto accident
• failure to mitigate by care and treatment of personal injuries, such as failure to obey doctor's orders not affirmative defense

Source: CourtListener parenthetical corpus (CC0).