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Miller v. Eichhorn | 426 N.W.2d 641 (1988)
Dealing with injuries after a car accident isn’t easy. How exactly a person handles those injuries is in part a personal choice, but what they’re required to do may change when they sue someone to try to recover for those injuries. We’ll see whether the trier of fact can consider a plaintiff’s mitigation efforts, or lack thereof, in Miller versus Eichhorn.
In February of nineteen eighty-three, Connie Miller was driving when she collided with a car driven by Harold Eichhorn as he backed out of his driveway. Miller didn’t have any visible injuries from the accident, and her primary care physician didn’t find any problems. Miller sought treatment with her chiropractor for two months then returned to her chiropractor several months later for additional treatment. A year or so later, Miller was involved in two unrelated accidents. She received some chiropractic treatments associated with those accidents but didn’t receive any additional treatment for the accident with Eichhorn. In nineteen eighty-five, a doctor determined that Miller was disabled.
Miller sued Eichhorn for the accident and her resulting injuries in state district court. At trial, the trial court instructed the jury on damage mitigation. The jury found Miller fifteen percent at fault for the car accident and Eichhorn eighty-five percent at fault. They awarded Miller a little more than three thousand five hundred dollars in damages. Miller appealed to the Iowa Court of Appeals, arguing that the trial court shouldn’t have instructed the jury on damage mitigation.
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