ALBERT V. MONARCH FEDERAL SAVINGS AND LOAN ASSOCIATION
743 A.2d 890 (2000)
NATURE OF THE CASE: Albert (P) appealed a judgment in favor of p for $35,000 plus
prejudgment interest in a personal injury action and denying her motion for a new trial on
damages only in favor of Monarch (D).
FACTS: P suffered personal injuries when she tripped and fell over a raised portion of
the sidewalk in front of the commercial premises owned by D. P sued for personal injury and
the other parties were dismissed, and the case went to trial solely against D. A jury found
both parties negligent, attributing thirty percent fault to P and awarded P $50,000 for her
injuries. The court molded the jury verdict and entered judgment in favor of P for $35,000
plus prejudgment interest. The trial court denied Ps motion for a new trial on damages only.
On appeal P claims that the trial court erred by instructing the jury with respect to her
duty to mitigate damages by undergoing surgical treatment and that the jury's damages
verdict was against the weight of the credible evidence.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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